- 5 - without regard to whether such corporation is completely liquidated.” TRA sec. 633(d)(8), 100 Stat. 2280, as amended by TAMRA sec. 1006(g)(7), 102 Stat. 3409. The rule is also applicable to certain complete liquidations of qualified corporations prior to 1989. See TRA sec. 633(d)(1). II. Analysis Petitioner contends that the transition rule, pursuant to TRA section 633(d)(8), is applicable. Petitioner further contends that capital gain accrued during the years in issue is not subject to prior section 1374, because the relevant S election occurred in 1988, and the assets were sold more than 3 years after such election. Respondent contends that section 1374, as amended, is applicable, because petitioner became an S corporation again in 1994. The relevant provisions of section 1374, as amended by TRA section 632, are clear and unambiguous. See Huntsberry v. Commissioner, 83 T.C. 742, 747-748 (1984)(stating that where a statute is clear on its face, we require unequivocal evidence of legislative purpose before construing the statute so as to override the plain meaning of the words used therein). Section 1374, as amended, is applicable to the 10-year period after an S corporation’s “most recent election”. Sec. 1374(d)(9). Petitioner contends that there is no provision in the transition rule, or section 1374, as amended, making sectionPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011