- 8 - Petitioner argues that his position is further supported by section 301.6109-1(a)(2), Proced. & Admin. Regs., which provides that a grantor trust is not required to obtain a separate tax identification number, and by section 1.671-4(b), Income Tax Regs., which provides that a grantor trust is not required to file a separate tax return. We begin our analysis with the observation that section 1361(c)(2), which provides that a grantor trust may be a shareholder of an S corporation and that the deemed owner of such grantor trust will be treated as the shareholder of the S corporation, expressly states that the provision applies for purposes of section 1361(b), which is part of subtitle A. Significantly, section 1361 makes no reference to its applicability to section 6241, which is part of subtitle F, or the regulations thereunder, nor is there any cross-reference in subtitle F to section 1361. Equally important, the two provisions are designed to serve two wholly independent purposes. On the one hand, section 1361(c) is a substantive provision of law--its primary purpose is to define the types of trusts that are permitted to be shareholders of an S corporation. In contrast, section 301.6241-1T(c)(2), Temporary Proced. & Admin. Regs., is a procedural provision that defines the circumstances 6(...continued) Subpart E of part I of subchapter J contains the so-called grantor trust provisions.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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