- 18 - the application of section 469(b). Indeed, a principal function of section 469(g) is to take into account the suspended PAL's created by section 469(a) and (b). Although the excess PAL's are no longer treated as PAL's, they are derived from suspended PAL's. In our view, a precondition to the applicability of the parenthetical language in section 469(g)(1)(A) is that the suspended PAL's be available under section 469(b). Our previous analysis indicates that section 1371(b) makes the PAL's unavailable in the year at issue and therefore precludes the application of section 469(b) and consequently section 469(g)(1)(A). Petitioner further argues that section 469(f)(2) provides specifically for the situation at issue herein. That section provides: If a taxpayer ceases for any taxable year to be a closely held C corporation * * *, this section shall continue to apply to losses and credits to which this section applied for any preceding taxable year in the same manner as if such taxpayer continued to be a closely held C corporation * * *. Respondent responds that the legislative history of section 469(f)(2) indicates that this section was meant to apply to closely held C corporations that become "regular" C corporations, not to those that become S corporations. While the legislative history discusses a closely held C corporation that, due to change in stock ownership, is no longerPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011