John J. Petito - Page 7




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          audit and litigation procedures generally are not applicable to a           
          “small S corporation”, defined as an S corporation with five or             
          fewer shareholders each of whom is a natural person or an                   
          estate.3  On the other hand, the regulations permit small S                 
          corporations to elect into the unified audit and litigation                 
          procedures.  Specifically, section 301.6241-1T(c)(2)(v),                    
          Temporary Proced. & Admin. Regs., 52 Fed. Reg. 3003 (Jan. 30,               
          1987), provides:                                                            
                    (v) Election to have subchapter D of Chapter 63                   
               Apply–-(A) In general.  Notwithstanding paragraph                      
               (c)(2)(ii) of this section, a small S corporation may                  
               elect to have the provisions of subchapter D of chapter                
               63 of the Code apply with respect to that corporation.                 
                    (B) Method of election.  A small S corporation                    
               shall make the election described in paragraph                         
               (c)(2)(v)(A) of this section for a taxable year of the                 
               corporation by attaching a statement to the corporate                  
               return for the first taxable year for which the                        
               election is to be effective.  The statement shall be                   
               identified as an election under section 301.6241-                      
               1T(c)(2)(v)(A), shall be signed by all persons who were                
               shareholders of that corporation at any time during the                
               corporate taxable year to which the return relates, and                
               shall be filed at the time (determined with regard to                  
               any extensions of time for filing) and place prescribed                
               for filing the corporate return.                                       
                    (C) Years covered by election.  The election shall                
               be effective for the taxable year of the corporation to                
               which the return relates and all subsequent taxable                    


          3  This regulation is effective with respect to S                           
          corporation tax returns due on or after Jan. 30, 1987.  See sec.            
          301.6241-1T(c)(2)(i), Temporary Proced. & Admin. Regs., 52 Fed.             
          Reg. 3003 (Jan. 30, 1987)                                                   








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