MMC Corp., Midwest Mechanical Contractors, Inc., M W Builders, Inc., Midwest Mehanical Contractors of New Jersey, Inc., and Pahor Air Conditioning, Inc. - Page 4




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          originally changed their accounting method.  The RRA provided               
          that petitioners had to include the 1997 deduction in income by             
          making section 481 adjustments ratably over the next 4 taxable              
          years.  RRA sec. 7003(c)(2)(C), 112 Stat. 833.                              
               Petitioners properly reported the ratable portions of the              
          section 481 adjustment as income on the returns for 1998 and                
          1999.  Before petitioners could fully include the remaining                 
          section 481 adjustments in income over the next 2 years, MMC                
          elected to be treated as an S corporation commencing with the               
          2000 taxable year.  The subsidiaries that had previously been               
          consolidated with MMC also elected to be treated as S                       
          corporations commencing with the 2000 taxable year.                         
          Tax Returns for 2000 and 2001                                               
               MMC reported the section 481 adjustment as income on the S             
          corporation tax returns for the years at issue but did not report           
          the section 481 adjustment as recognized built-in gain pursuant             
          to section 1374 for either year at issue.                                   
               Respondent examined the returns for the years at issue and             
          issued a deficiency notice determining that petitioners should              
          have included the section 481 adjustment income as recognized               
          built-in gain under section 1374 and were therefore liable for              
          additional built-in gain tax for the years at issue.                        
               Petitioners timely filed a petition.                                   








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