Legal Opinion

Dial USA, Inc. v. Commissioner

United States Tax Court

Decided July 2, 1990No. Docket No. 32537-88PublishedCited by 50 opinions

This case is controlled by the S corporation audit and litigation procedures contained in section 6241 et seq. R filed a motion for entry of decision pursuant to Rule 248(b). The proposed decision purports to decide the amount of each shareholder's basis in the subch. S corporation. Held: The amount of a shareholder's basis in an S corporation is not a "subchapter S item" that can be decided at the corporate level pursuant to section 6241 et seq.

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This case is controlled by the S corporation audit and litigation procedures contained in section 6241 et seq. R filed a motion for entry of decision pursuant to Rule 248(b). The proposed decision purports to decide the amount of each shareholder's basis in the subch. S corporation. Held: The amount of a shareholder's basis in an S corporation is not a "subchapter S item" that can be decided at the corporate level pursuant to section 6241 et seq. Therefore, we lack jurisdiction to decide the amount of a shareholder's basis.

1Opinion of the Court

OPINION

RUWE, Judge:

Dial USA, Inc., formerly Tritelco, Inc., is a subchapter S corporation subject to the S corporation audit and litigation procedures contained in section 6241 et seq.1 The S corporation audit and litigation procedures were added to the Code in 1982 to provide a method for unified treatment of subchapter S items among the shareholders. Subchapter S Revision Act of 1982, Pub. L. 97-354, sec. 4(a), 96 Stat. 1691-1692; see S. Rept. 97-640 at 25 (1982), 1982-2 C.B. 718, 729; Blanco Investments & Land, Ltd. v. Commissioner, 89 T.C. 1169, 1171-1172 (1987).

The matter presently…

2Cases cited3 opinions

  1. N.C.F. Energy Partners v. CommissionerUnited States Tax Court · 1987
  2. Roberts v. CommissionerUnited States Tax Court · 1990
  3. Blanco Inv. & Land, Ltd. v. CommissionerUnited States Tax Court · 1987

3Cited by50 opinions

  1. Petaluma FX Partners, LLC v. Comm'rUnited States Tax Court · 2008
  2. Domulewicz v. Comm'rUnited States Tax Court · 2007
  3. Hambrose Leasing 1984-5 Ltd. Partnership v. CommissionerUnited States Tax Court · 1992
  4. Ginsburg v. Comm'rUnited States Tax Court · 2006
  5. Tigers Eye Trading, LLC v. Comm'rUnited States Tax Court · 2012

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