Larry Brown - Page 13

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               We are satisfied that no genuine issue exists as to any of             
          the material facts.  Summary adjudication is therefore                      
          appropriate in this case.                                                   
               Section 6231(a)(1)(B) provides as follows:                             
               (B)  Exception For Small Partnerships.--                               
                    (i) In general.--The term "partnership" shall not                 
               include any partnership if--                                           
                    (I) such partnership has 10 or fewer partners each                
               of whom is a natural person (other than a nonresident                  
               alien) or an estate, and                                               
                    (II) each partner's share of each partnership item                
               is the same as his share of every other item.                          
               For purposes of the preceding sentence, a husband and                  
               wife (and their estates) shall be treated as 1 partner.                
                    (ii) Election to have subchapter apply.--A                        
               partnership (within the meaning of subparagraph (A))                   
               may for any taxable year elect to have clause (i) not                  
               apply. Such election shall apply for such taxable year                 
               and all subsequent taxable years unless revoked with                   
               the consent of the Secretary.                                          
               Section 301.6231(a)(1)-1T(b)(2), Temporary Proced. & Admin.            
          Regs., 52 Fed. Reg. 6790 (Mar. 5, 1987), provides as follows:               
                    (2) Method of election.  A partnership shall make                 
               the election described in * * * [section                               
               6231(a)(1)(B)(ii)] by attaching a statement to the                     
               partnership return for the first taxable year for which                
               the election is to be effective.  The statement shall                  
               be identified as an election under section                             
               6231(a)(1)(B)(ii), shall be signed by all persons who                  
               were partners of that partnership at any time during                   
               the partnership taxable year to which the return                       
               relates, and shall be filed at the time * * * and place                
               prescribed for filing the partnership return.  * * *                   








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