- 7 - during the years in issue were two grantor trusts. Petitioner reasons that, by virtue of the general attributes of a grantor trust, as well as the particular treatment afforded a grantor trust as a permitted shareholder of an S corporation, the deemed owners of the trusts should be considered Primco's shareholders for purposes of applying section 301.6241-1T(c)(2), Temporary Proced. & Admin. Regs. In this regard, petitioner relies primarily upon section 1361(c)(2), which provides that a grantor trust may be a shareholder of an S corporation and that the deemed owner of the trust will be treated as the shareholder.6 6 Sec. 1361(c)(2)(B)(i) provides in pertinent part: (c) Special Rules for Applying Subsection (b).-- * * * * * * * (2) Certain trusts permitted as shareholders.-- (A) In general.--For purposes of subsection (b)(1)(B), the following trusts may be shareholders: (i) A trust all of which is treated (under subpart E of part I of subchapter J of this chapter) as owned by an individual who is a citizen or resident of the United States. * * * * * * * (B) Treatment as shareholders.--For purposes of subsection (b)(1)-- (i) In the case of a trust described in clause (i) of subparagraph (A), the deemed owner shall be treated as the shareholder. (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011