- 20 - arguing that section 469(b) allows those PAL's disallowed under section 469(a) to be used in subsequent years and that, if section 1371(b)(1) disallows the PAL's, section 469 does not apply because there is no other basis for allowing their subsequent use. Respondent argues that since St. Charles is the same taxpayer, albeit subject to a different taxing regime, section 1371(b)(1) merely prevents it from using the PAL's during the "new regime" but does not preclude their preservation for use by St. Charles when that "new regime" ends and St. Charles becomes a taxpayer subject to section 469, as a closely held C corporation.7 We think petitioner's position as to the dire consequence of applying section 1371(b) is unfounded in that it ignores the pattern reflected by section 1371(b) in its entirety, which provides: (b) No Carryover Between C Year and S Year.-- (1) From C year to S year.--No carryforward, and no carryback, arising for a taxable year for which a corporation is a C corporation may be carried to a taxable year for which such corporation is an S corporation. (2) No carryover from S year.--No carryforward, and no carryback, shall arise at the corporate level for a taxable year for which a corporation is an S corporation. (3) Treatment of S year as elapsed year.-- Nothing in paragraphs (1) and (2) shall prevent treating a taxable year for which a corporation is an S corporation as a taxable year for purposes of determining the number of taxable years to which an item may be carried back or carried forward. 7 Although not a fact involved in our analysis, we note that St. Charles reverted to C corporation status in 1995.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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