- 8 - 1368(b)(1), (c)(1); Cameron v. Commissioner, supra at 384. Section 1371 provides, for taxable years after 1982, that the accumulated earnings and profits that an S corporation carries over from preelection years when it was a C corporation, generally are not adjusted for the taxable years during which the S corporation election is in effect. Sec. 1371(c)(1); Cameron v. Commissioner, supra. Section 1368 sets out the ordering rules for the tax treatment of S corporation distributions. Section 1368(c)(1) generally provides that an S corporation with earnings and profits must treat its distributions as being first out of the accumulated adjustments account, tax free to the extent of the shareholder's adjusted basis in the stock.3 If the amount of the 3Sec. 1368(c)(1) provides: (c) S Corporation Having Earnings and Profits.--In the case of a distribution described in subsection (a) by an S corporation which has accumulated earnings and profits-- (1) Accumulated adjustments account.-- That portion of the distribution which does not exceed the accumulated adjustments account shall be treated in the manner provided by subsection (b). Sec. 1368(b)(1) provides: (b) S Corporation Having No Earnings and Profits.--In the case of a distribution described in subsection (a) by an S corporation which has no (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011