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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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