Phillip and Gladies Aaron - Page 13

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          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 to              






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