TWENTY-THREE NINETEEN CREEKSIDE, INC. v. C.I.R.

No. 93-70687.

59 F.3d 130 (1995)

TWENTY-THREE NINETEEN CREEKSIDE, INC.; Michael E. Baldigo, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 7, 1995.


Attorney(s) appearing for the Case

Gary V. Judd, Petaluma, CA, for petitioners-appellants.

Gary R. Allen (Briefed), Asst. Atty. Gen., Tax Division, Washington, DC, for respondent-appellee.

Before: REINHARDT, DAVID R. THOMPSON and KLEINFELD, Circuit Judges.


KLEINFELD, Circuit Judge:

The main issue in this case is whether tax treatment of a subchapter S corporation with five or fewer shareholders proceeds at the entity level or the shareholder level. A regulation provides for shareholder level treatment, but does not apply to the period at issue in this case. An issue of who is the "tax matters person" also arises.

I. FACTS

Twenty-three Nineteen Creekside, Inc. is a subchapter S corporation. During...

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