Olsen-Smith, LTD., Smith-Olsen, PLC, Tax Matters Partner - Page 12

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          effect on LTD, its books or records, or any other aspect of the             
          partnership.  Cf. Hambrose Leasing v. Commissioner, supra at 311.           
          While petitioner argues that it believes that LTD did not have an           
          indirect partner who was an individual, the finding of a                    
          partnership item does not hinge on whether the item is                      
          determinable from information actually available at the                     
          partnership level.  That finding turns on whether the partnership           
          is required to make a determination of the item.  See Dakotah               
          Hills Offices Ltd. Pship. v. Commissioner, T.C. Memo. 1996-35;              
          cf. Dial U.S.A., Inc. v. Commissioner, 95 T.C. 1, 4 (1990).                 
               Our conclusion as to the issue at hand is further supported            
          by analogy to two of this Court’s previous holdings.  First, in             
          Hang v. Commissioner, 95 T.C. 74, 80 (1990), the Court held that            
          the determination of whether a father was the true and beneficial           
          owner of shares in an S corporation held in the name of his sons            
          was properly made at the individual shareholder level.4  We                 
          reasoned that the true and beneficial ownership of the shares was           


               4 Under the S corporation audit and litigation procedures,             
          secs. 6241 through 6245, a “subchapter S item” denotes “any item            
          of an S corporation to the extent regulations prescribed by the             
          Secretary provide that, for purposes of this subtitle, such item            
          is more appropriately determined at the corporate level”.  Sec.             
          6245.  The tax treatment of a subch. S item generally must be               
          determined in an entity level proceeding.  See sec. 6241.  While            
          these S Corporation procedures were enacted shortly after the               
          TEFRA procedures as part of the Subchapter S Revision Act of                
          1982, Pub. L. 97-354, sec. 4(a), 96 Stat. 1691, the S Corporation           
          procedures were repealed as of Dec. 31, 1996, by the Small                  
          Business Job Protection Act of 1996, Pub. L. 104-188, sec.                  
          1307(c)(1), 110 Stat. 1781.                                                 




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