-6- failed to comply with the partnership audit and litigation procedures). The unified S corporation audit and litigation procedures are set forth in subchapter D of chapter 63 of subtitle F.2 Section 6241 provides: “Except as otherwise provided in regulations prescribed by the Secretary, the tax treatment of any subchapter S item shall be determined at the corporate level.” Eastern States Cas. Agency, Inc. v. Commissioner, 96 T.C. 773, 775 (1991); Dial, USA, Inc. v. Commissioner, 95 T.C. 1, 1-2 (1990). The unified S corporation audit and litigation procedures were intended to promote the consistent treatment of S items among S corporation shareholders. See Allen Family Foods, Inc. v. Commissioner, T.C. Memo. 2000-327; S. Rept. 97-640, at 25 (1982), 1982-2 C.B. 718, 729. Pursuant to the authority granted under section 6241, the Secretary promulgated regulations prescribing exceptions to the unified S corporation audit and litigation procedures. In particular, section 301.6241-1T(c)(2)(ii), Temporary Proced. & Admin. Regs., supra, provides that the unified S corporation 2 Subchapter D of chapter 63 of subtitle F was codified pursuant to the Subchapter S Revision Act of 1982, Pub. L. 97- 354, sec. 4(a), 96 Stat. 1691-1692, effective with respect to tax years beginning after Dec. 31, 1982. Secs. 6241-6245 were repealed under the Small Business Job Protection Act of 1996, Pub. L. 104-188, sec. 1307 (c)(1), 110 Stat. 1755, effective with respect to tax years beginning after Dec. 31, 1996.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011