CABINTAXI CORP. v. C.I.R.

No. 94-3862.

63 F.3d 614 (1995)

CABINTAXI CORPORATION, formerly known as Automated Transit, Incorporated, and Robert Edler, "tax matters person," Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 17, 1995.


Attorney(s) appearing for the Case

Robert W. Edler (argued), Edler & Christie, Chicago, IL, for petitioners-appellants.

Gary R. Allen, David I. Pincus, Linda A. Mosakowski (argued), Frank P. Cihlar, Dept. of Justice, Tax Div., Appellate Section, Washington, DC, for respondent-appellee.

Before POSNER, Chief Judge, and EASTERBROOK and KANNE, Circuit Judges.


POSNER, Chief Judge.

Subchapter S of the Internal Revenue Code entitles certain corporations to elect to be taxed almost (though not quite: see 26 U.S.C. § 1371(a)(1), and compare 26 U.S.C. § 731 with 26 U.S.C. § 311(b)) as if they were partnerships. The Subchapter S corporation's profits and losses flow through to the shareholders and are reported on their individual income tax returns, 26 U.S.C. § 1366, thus avoiding double taxation of corporate...

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