Allen Family Foods, Inc. - Page 8




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               Section 301.6245-1T(c), Temporary Proced. & Admin. Regs., 52           
          Fed. Reg. 3004 (Jan. 30, 1987), provides in pertinent part:                 
                    (c) Illustrations–-(1) In general.  This paragraph                
               (c) illustrates the provisions of paragraph (a)(5) of                  
               this section.  The determinations illustrated in this                  
               paragraph (c) that the corporation is required to make                 
               are not exhaustive; there may be additional                            
               determinations that the corporation is required to make                
               which relate to a determination listed in paragraph                    
               (a)(5) of this section.  The critical element is that                  
               the corporation is required to make a determination                    
               with respect to a matter for the purposes stated;                      
               failure by the corporation actually to make a                          
               determination (for example, because it does not                        
               maintain proper books and records) does not prevent an                 
               item from being a subchapter S item.                                   
                 (2) Contributions.  For purposes of its books                        
               and records, or for purposes of furnishing information                 
               to a shareholder, the S corporation must determine:                    
                         (i) The character of the amount received by                  
               the corporation (for example, whether it is a                          
               contribution, loan, or repayment of a loan);                           
                                *  *  *  *  *  *  *                                   
               To the extent that a determination of an item relating                 
               to a contribution can be made from these and similar                   
               determinations that the corporation is required to                     
               make, that item is a subchapter S item.  To the extent                 
               that the determination requires other information,                     
               however, that item is not a subchapter S item.  Such                   
               other information would include those factors used in                  
               determining whether there is recapture under section 47                
               by the contributing shareholder of the general business                
               credit because of the contribution of property in                      
               circumstances in which that determination is irrelevant                
               to the corporation.                                                    
                    (3) Distributions.  For purposes of its books                     
               and records, or for purposes of furnishing information                 
               to a shareholder, the S corporation must determine:                    
                         (i) The character of the amount transferred                  






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