- 5 - 97-354, 96 Stat. 1691-1692.5 Subchapter D provides that the items of income, loss, deduction, and credit of S corporations generally will be determined in a unified manner at the corporate level as opposed to the individual shareholder level. Section 6241 provides express authority for the Secretary to prescribe regulations that create exceptions to the unified S corporation audit and litigation procedures. On January 27, 1987, the Secretary promulgated section 301.6241-1T(c)(2), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 3003 (Jan. 30, 1987), providing an exception to the unified S corporation audit and litigation procedures for small S corporations. Section 301.6241-1T(c)(2), Temporary Proced. & Admin. Regs., is effective for any taxable year of an S corporation the due date of the return for which is on or after January 30, 1987. Sec. 301.6241- 1T(c)(2)(i), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 3003 (Jan. 30, 1987). The section provides in pertinent part as follows: (2) Exception for small S corporations-- * * * * * * * (ii) Five or fewer shareholders. For purposes of this paragraph (c), an S corporation shall not include a small S corporation. A small S corporation is defined as an S corporation with 5 or 5 Subchapter D, consisting of secs. 6241 through 6245, was repealed applicable to tax years beginning after Dec. 31, 1996. Small Business Job Protection Act of 1996, Pub. L. 104-188, sec. 1307(c)(1), 110 Stat. 1755, 1781.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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