-3- corporation would normally be excepted from the unified S corporation audit and litigation procedures as a “small S corporation” within the meaning of section 301.6241-1T(c)(2)(ii), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 3002 (Jan. 30, 1987), Petito corporation made a valid election on its 1986 corporate income tax return to invoke the unified audit and litigation procedures. See sec. 301.6241-1T(c)(2)(v)(B), Temporary Proced. & Admin. Regs., supra at 3003. Respondent filed an objection to petitioner’s motion asserting that petitioner had failed to provide any documentary evidence, such as Petito corporation’s 1986 income tax return, to support the proposition that Petito corporation made a valid election under section 301.6241-1T(c)(2)(v)(B), Temporary Proced. & Admin. Regs., supra. Respondent further argued that, even assuming that Petito corporation made such an election on its 1986 corporate income tax return, respondent should be permitted to rely on Petito corporation’s tax return for 1992 on which petitioner failed to check box G which states: “Check this box if this S corp is subject to the consolidated audit procedures of sections 6241 through 6245 (see inst before checking this box)”. Petitioner filed a reply to respondent’s objection asserting that respondent already had possession of Petito corporation’s 1986 income tax return. Petitioner further argued that the CourtPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011