111 West 16 Street Owners, Inc. v. Commissioner
United States Tax Court
P, tax matters person for an S corporation having three shareholders in 1983, moved to dismiss this case for lack of jurisdiction. P argues that for 1983, an S corporation having 10 or fewer shareholders is excepted as a "small S corporation" from the application of the S corporation audit and litigation procedures because R failed to promulgate modifying regulations.
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P, tax matters person for an S corporation having three shareholders in 1983, moved to dismiss this case for lack of jurisdiction. P argues that for 1983, an S corporation having 10 or fewer shareholders is excepted as a "small S corporation" from the application of the S corporation audit and litigation procedures because R failed to promulgate modifying regulations. Held, setting the number of qualifying shareholders for the small S corporation exception at greater than one should be left to R's administrative discretion. Held, further, the statute requires only that single shareholder S…
1Opinion of the Court
OPINION
WILLIAMS, Judge:
This case is before the Court on petitioner’s motion to dismiss for lack of jurisdiction. The Commissioner determined adjustments to 111 West 16 Street Owners, Inc.’s (Owners) S corporation return for its 1983 taxable year as set forth in a Notice of Final S Corporation Administrative Adjustment.
Petitioner’s position is that Owners was not subject to the S corporation audit and litigation procedures (secs. 6241 et seq.1), in 1983 because it was a small S corporation having only three shareholders. Respondent argues that in 1983 there was no exception from the S…
2Cases cited2 opinions
- Maxwell v. CommissionerUnited States Tax Court · 1986
- Blanco Inv. & Land, Ltd. v. CommissionerUnited States Tax Court · 1987
3Cited by15 opinions
- Fehlhaber v. CommissionerUnited States Tax Court · 1990
- Arenjay Corporation, A. James Sedwick, Jr., Tax Matters Person v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1991
- Eastern States Casualty Agency, Inc. v. CommissionerUnited States Tax Court · 1991
- Gold-N-Travel, Inc. v. CommissionerUnited States Tax Court · 1989
- Miller v. United StatesDistrict Court, N.D. Georgia · 1989
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