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JOHNSON v. C.I.R.

No. 82-1056.

720 F.2d 963 (1983)

Richard L. JOHNSON and Ruth W. Johnson, Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 10, 1983.

Attorney(s) appearing for the Case

Marvin J. Frank, Garelick, Cohen, Frank & Fishman, Robert A. Garelick, Indianapolis, Ind., for appellants.

Kenneth W. Gideon, I.R.S., Glenn L. Archer, Tax Div., Dept. of Justice, Washington, D.C., for appellee.

Before WOOD, POSNER and FLAUM, Circuit Judges.

POSNER, Circuit Judge.

Treasury Reg. § 1.1375-3(d) provides (with a limitation inapplicable to this case) that where the shareholders of a Subchapter 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...

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