Richard L. Johnson and Ruth W. Johnson v. Commissioner of Internal Revenue

POSNER, Circuit Judge.

Treasury Reg. § 1.1375-3(d) provides (with a limitation inapplicable to this case) that where the shareholders of a Subchap-ter S corporation are members of the same family, and the corporation distributes dividends to them other than in proportion to the number of shares in the corporation that each member owns, “the amount distributed to members of the family group shall be reallocated among all the members of the group in accordance with the number of shares owned by each member.” The question for decision is whether this provision can be invoked by the taxpayer, or,…