- 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 yearPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011