Colorado Gas Compression, Inc. - Page 4




                                        - 4 -                                         
          asset value accrued prior to conversion from C to S corporation             
          status.  H. Conf. Rept. 99-841 (Vol. II), at II-203 (1986), 1986-           
          3 C.B. (Vol. 4) 1, 203; see also sec. 1374(d)(3)(B).                        
          I.   Transition Rule                                                        
               The TRA provides a transition rule applicable to certain               
          small corporations with values of up to $10 million (i.e.,                  
          qualified corporations).  See TRA sec. 633(d).  The TRA section             
          633(d) transition rule states, in paragraph (1), that “the                  
          amendments made by this subtitle shall not apply to the                     
          applicable percentage of each gain or loss which (but for this              
          paragraph) would be recognized * * * by reason of the amendments            
          made by this subtitle.”  TRA sec. 633(d)(1), as amended by                  
          Technical and Miscellaneous Revenue Act of 1988 (TAMRA), Pub. L.            
          100-647, sec. 1006(g)(3), 102 Stat. 3407.  The transition rule              
          further states that “Paragraph (1) shall not apply to” ordinary             
          and short-term capital gains.  TRA sec. 633(d)(2), 100 Stat.                
          2279.  Thus, the transition rule provides that, if a qualified              
          corporation sells assets, long-term capital gain is subject to              
          prior section 1374, while ordinary and short-term capital gains             
          are subject to section 1374, as amended.  See TRA sec. 633(d)(1),           
          (d)(2).                                                                     
               The transition rule is applicable “in the case of a                    
          qualified corporation which makes an election to be an S                    
          corporation under section 1362 * * * before January 1, 1989,                






Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011