PK Ventures, Inc. and Subsidiaries, et al. - Page 36

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          for the years of the transfers.  With respect to 1991, however,             
          we have determined the character of those transfers and have                
          jurisdiction to do so as a result of respondent’s disallowance of           
          imputed interest expense in the FPAA issued for 1991.                       
          Petitioners argue that respondent did not specifically                      
          recharacterize the transfers in the FPAA and that respondent                
          waived any adjustments other than interest expense based on                 
          recharacterization of those transfers and is precluded from                 
          raising them in this proceeding.  Respondent argues that the                
          Court does have jurisdiction to resolve the character of the                
          transfers for all of the years but acknowledges that the tax                
          effects of our conclusions require separate analysis.  The nature           
          of the transfers was tried by consent and was the predominant               
          issue during trial and in the briefs of the parties.  Thus,                 
          transfers during 1991 should be regarded as equity contributions            
          to PKVI LP in the calculation of the partners’ basis, but                   
          transfers prior to and subsequent to 1991 shall be treated for              
          basis purposes consistent with reporting on PKVI LP’s returns.              
          Similarly, any other adjustments over which we have no                      
          jurisdiction should not be included in the basis calculations for           
          purposes of this case.                                                      
          Issue #6–-The Roses’ Basis in Their Zephyr Interest                         
               An S corporation’s income, losses, and deductions are passed           
          through pro rata to its shareholders.  See sec. 1366(a).  The               






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