James L. and Leta A. Thurman - Page 11

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          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.                                  




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