- 19 - Federal income tax purposes before the settlement date of June 22, 1998, we assume that petitioners’ argument is only that the amount of the arbitration award would somehow be relevant to Mr. Dunne’s shareholder status or the amount of FRC’s income that is taxable to petitioners. However, this is incorrect because the amount that Mr. Dunne was entitled to receive from the arbitration award is irrelevant for determining his shareholder status or tax liability. See Chen v. Commissioner, T.C. Memo. 2006-160; Knott v. Commissioner, T.C. Memo. 1991-352. The amount that Mr. Dunne received from the arbitration award may be relevant for the purpose of determining Mr. Dunne’s basis in his FRC stock, but that matter is not at issue in this case. Petitioners also argue that they are not liable for tax on FRC’s income in 1997 because Mr. Dunne was not the beneficial owner of his FRC shares in 1997, and for that reason alone his 1997 Schedule K-1 is incorrect. Petitioners do not dispute that FRC had a valid S corporation election in effect in 1997, that the amount of FRC’s income and loss reported on its Form 1120S is correct, or that the total amount of income and loss reported on the Schedules K-1 is consistent with FRC’s Form 1120S. Section 1366(a)(1) provides that in determining the income tax liability of an S corporation shareholder, the shareholder shall take into account his pro rata share of the S corporation’s items of income, loss, deduction, and credit (tax items) for thePage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NextLast modified: March 27, 2008