Preview

S. Co. Inc. V.

Satisfactory Essays
Open Document
Open Document
216 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
S. Co. Inc. V.
1. What was the issue in the case?

2. How did the Court decide the issue?
The court affirmed. Business income generated by S corporations flowed directly to appellants for taxation purposes and retained status as it passed to appellants. Appellants availed themselves of Ohio's benefits and opportunities by earning income through Subchapter S corporations. The S corporations' business activity removed appellants from immunity ((LINCCWeb Catalog Search, n.d.).

3. What was the Court's reasoning for its decision?
Appellants' argument is flawed because it assumes that distributive income from an S corporation is nonbusiness income. This characterization ignores the true nature of the income that appellants receive from their S corporations. Section

You May Also Find These Documents Helpful

  • Better Essays

    WK 2 INDIVIDUAL ASSIGNMENT

    • 1450 Words
    • 5 Pages

    An alternative tax classification can be an association which is taxable as a corporation or S corporation.…

    • 1450 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Commissioner Helvering of the Internal Revenue, the plaintiff, petitioned the United States Court of Appeals to review the decision of the Board of Tax Appeals to remove the tax deficiency associated with a transaction affecting the income taxes of the defendant, Evelyn Gregory.…

    • 543 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    7) P and S are members of an affiliated group that has filed consolidated tax returns for a number of years. The sale of inventory by P that was acquired from S in an intercompany transaction outside the affiliated group triggers the recognition of gain by S.…

    • 11596 Words
    • 48 Pages
    Satisfactory Essays
  • Satisfactory Essays

    The generalization about NCRL’s argument regarding “Massachusetts Citizens for Life” does not hold up in court. Nonprofit advocacy corporations, moreover, no less susceptible than traditional business companies to misuse as conduits for circumventing the contribution limits imposed on individuals.…

    • 437 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    1) The S corporation rules were enacted to allow small corporations to enjoy the nontax advantages of the corporate form of business without being subject to the tax disadvantage of double taxation.…

    • 9470 Words
    • 41 Pages
    Satisfactory Essays
  • Good Essays

    An example illustrating this section was the Tax Court, deciding in favor of the IRS, held in Pope & Talbot, Inc., v. Com, 104 TC __, No. 29, that a corporation which distributed discrete partnership units of property composed of timber and resort interests in the Northwest, must recognize distribution gain under IRC Sec. 311(d) as if it had instead sold the entire interest to a single purchaser. The taxpayer had argued that the fair market value of the distributed property for purposes of determining Internal Revenue Code Sec. 311 gain must be equal to the sum of the distributed partnership interests, which were publicly traded on the date of distribution.…

    • 978 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In law, standing is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case. When it comes to the right of standing in cases related to patented technology, it becomes more complicated than just being able to prove that the infringement harms the party, he should also have all the rights of the patented technology to be eligible to sue.…

    • 1610 Words
    • 7 Pages
    Good Essays
  • Powerful Essays

    Topic Allowed income and deductions Deductions for and from AGI Deductions for and from AGI Deductions for and from AGI Deductions for and from AGI Deductions for and from AGI Deductions for and from AGI; deductions disallowance Ordinary and necessary requirement Reasonable compensation Business versus nonbusiness losses Reporting procedures Method of accounting: cash basis Prepayment provision for cash basis taxpayer All events and economic performance tests Reserves and economic performance test Illegal activities Domestic and foreign bribes Legal expenses Illegal activities Political contributions Political contributions and lobbying expenditures Excessive executive compensation Investigation of a business…

    • 11014 Words
    • 45 Pages
    Powerful Essays
  • Good Essays

    Crown Awards is a retailer of awards and trophies sold through mail order catalogs and via the Internet. Crown designed and sold a diamond-shaped spinning trophy for which it owned two copyright registrations. Discount Trophy is one of Crown’s competitors, and it sold a trophy that was substantially similar to Crown’s Spin Trophy. Crown requested that Discount discontinue the sale of the alleged copy, and when Discount refused, Crown filed suit in the Southern District of New York.…

    • 964 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Can you (or Mr. Yourprop’s supervisor) search Yourprop’s personal vehicle currently parked in the Company parking lot for digital evidence? Support your answer.…

    • 261 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Buffets v. Klinke

    • 3142 Words
    • 10 Pages

    BUFFETS, INC., a Minnesota corporation; and EVERGREEN BUFFETS, INC., an Oregon corporation, Plaintiffs-Appellants, v. PAUL KLINKE; CAROL KLINKE; GREG KLINKE; GRANNY'S BUFFET, INC., a Washington corporation; and MARK MILLER, Defendants-Appellees.…

    • 3142 Words
    • 10 Pages
    Good Essays
  • Powerful Essays

    Alien Tort Statute (ATS)

    • 1216 Words
    • 5 Pages

    The Supreme Court has not determined whether corporations can be held liable under the ATS, but this question has been addressed by various circuit courts with different results. This split in the circuits indicates that a universal customary international norm does not exist…

    • 1216 Words
    • 5 Pages
    Powerful Essays
  • Better Essays

    In the case, “FC of T v The Myer Emporium Ltd 87 ATC 4363”, the taxpayer “The Myer Emporium”, worked out a financial arrangement during 6-9 March 1981. Under the arrangement, it lent $80 million to its subsidiary, Myer Finance Ltd, at an interest rate of 12.5% pa. It also assigned its right to the interest (not to the principal) to Citicorp Canberra Pty Ltd for a lump sum in the order of $45 million. The commissioner treated the lump sum of $45 million received as an income receipt, assessable under s 25(1) of ITAA 1936 (Cth). The commissioner also contended that the amount received constituted a profit assessable under the second limb of s 26(a) as a profit arising from a profit-making scheme.1 Both the Victorian Supreme Court and the Full Federal Court decided in favor to Myer despite the fact the taxpayer had argued contrary to the Tax Office!s argument that the lump sum was merely realizing a capital asset because it was a gain from an isolated transaction outside the ordinary course of its retail and property development business. However, the High Court conferred its decision that the $45 million received by the Myer was assessable under s 25(1) as an income receipt and also under the second limb of s 26(a) as a profit from a profit-making under-taking or scheme2. On the facts in Myer, the High Court held that: “It is the fact that Myer!s business at all times was that of retailing and property developer. The income made by…

    • 1611 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    pa110 unit 3 assignment

    • 540 Words
    • 3 Pages

    2. Defendant is a corporation with is principal place of business in [name of state] and carries on business in [state where court is located].…

    • 540 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Sixty years after the verdict on Donaghue’ case, Australia passed a statutory code that deals with defective goods. The only completed action brought under Part VA was the…

    • 1029 Words
    • 5 Pages
    Good Essays