- 123 - 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). ThePage: Previous 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 Next
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