- 13 - petitioner has conceded his challenge to the underlying tax liability. Accordingly, we sustain respondent’s determination. 3. Additional Points Raised by Petitioner Nevertheless, for the sake of completeness, we shall address additional points raised by petitioner. A. Termination of BP Concessions’ S Corporation Election Petitioner argues that “Although there is no reasonable cause exception that directly excuses the petitioners’ failure to timely revoke the Subchapter S Election of BP Concessions, there is no specific provision that directly indicates that a reasonable cause exception does not apply.” An election to be an S corporation continues until terminated. Mourad v. Commissioner, 121 T.C. 1, 4 (2003). An S corporation election may be terminated: (1) By revocation of the election to be treated as an S corporation; (2) by the corporation’s ceasing to be a small business corporation; or (3) where passive investment income exceeds 25 percent of gross receipts and the corporation has subchapter C earnings and profits. See sec. 1362(d); Mourad v. Commissioner, supra. The Code provides no other manner in which to terminate an S corporation election. Mourad v. Commissioner, supra. While section 1362(b)(5) authorizes the Secretary to treat late S corporation elections as timely if the Secretary determines that there was “reasonable cause for the failure toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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