- 11 - Proposed Income Tax Regs., 57 Fed. Reg. 24435 (June 9, 1992), related to the time and manner for making the election under section 1368(e)(3)(A) and provided: (5) Time and manner of making elections. A corporation makes an election for a taxable year under this paragraph (f) by attaching a statement to a timely filed original or amended return required to be filed under section 6037 for that taxable year. The statement must state that the corporation is making an election under � 1.1368-1(f), identify the election, and be signed under penalties of perjury by an officer of the corporation on behalf of the corporation and by each shareholder of the corporation who receives a distribution during the taxable year * * * The proposed regulation indicates that the Secretary interpreted section 1368(e)(3) to require the attachment and filing of a written statement indicating the intent of the shareholders of the corporation that they unanimously agree to the treatment of all distributions during the year of election as distributed first from earnings and profits.5 Final and proposed regulations indicate that the written statement of election may be attached to a "timely filed original or amended return". Sec. 1.1368-1(f)(5)(iii), Income Tax Regs.; 5Final regulations under sec. 1368 were adopted and became effective for taxable years beginning on or after Jan. 1, 1994. T.D. 8508, 1994-1 C.B. 219, 227. The new regulations contain nearly identical language to the proposed regulations but, specifically, refer taxpayers to the consent requirement of the statute and simply require the statement to establish that the affected shareholders have consented rather than expressly requiring that they manifest consent by signing the statement. Sec. 1.1368-1(f)(5)(iii), Income Tax Regs.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