Primco Management Company, Alfred Dreyfus Goldman Revocable Living Trust, Alfred D. Goldman, Fiduciary, Tax Matters Person - Page 9

                                        - 9 -                                         

          under which an S corporation will qualify for the small S                   
          corporation exception to the unified S corporation audit and                
          litigation procedures.  Considering the independent purposes that           
          section 1361(c) and section 301.6241-1T(c)(2), Temporary Proced.            
          & Admin. Regs., are designed to serve, and consistent with                  
          accepted principles of statutory construction, we do not treat              
          section 1361(c) as a limitation or qualification on the otherwise           
          plain meaning of section 301.6241-1T(c)(2)(iii), Temporary                  
          Proced. & Admin. Regs.                                                      
               Petitioner's reliance on section 1.671-4(b), Income Tax                
          Regs., and section 301.6109-1(a)(2), Proced. & Admin. Regs., is             
          likewise misplaced.  Although these provisions indicate that a              
          grantor trust generally is not treated as a separate taxable                
          entity for purposes of the Federal income tax, it is clear, as              
          discussed above, that a grantor trust, to the extent it                     
          constitutes a form of pass-through entity, is not disregarded               
          with respect to the application of the unified audit and                    
          litigation procedures.                                                      
               Section 301.6241-1T(c)(2), Temporary Proced. & Admin. Regs.,           
          plainly states that the small S corporation exception to the                
          unified S corporation audit and litigation procedures only                  
          applies to an S corporation with five or fewer shareholders each            
          of whom is a natural person or estate.  The small S corporation             
          exception does not apply to an S corporation for a taxable year             





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011