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Specifically, petitioner requested: “H&C be granted an extension
of time to make an election: (a) * * * to be disregarded as an
entity separate from its owner for U.S. tax purposes and (b)
effective immediately prior to the sale of stock in H&C by Dover
UK to Thyssen UK.”2 In the request for 9100 relief, petitioner
stated that the date of the sale was June 30, 1997, and, on the
Form 8832, Entity Classification Election (Form 8832), attached
to the request for 9100 relief, it set forth June 30, 1997, as
the proposed effective date of the election.
Initially, respondent was reluctant to grant the request for
9100 relief, in large part, because, in respondent’s view,
petitioner should not be entitled to benefits it might claim
resulted from the disregarded entity election; i.e., the
avoidance of FPHCI on the deemed sale of the H&C assets.
However, after representatives of petitioner and respondent
conferred, and petitioner made a supplemental submission,
respondent, on March 31, 2000, granted the requested relief.
Specifically, respondent granted to H&C “an extension of time for
making the election to be disregarded as an entity separate from
2 Pursuant to sec. 301.7701-3(c)(1)(iii), Proced. & Admin.
Regs., H&C could have made the election to be a disregarded
entity at any time within 75 days after the date (June 30, 1997),
specified on the election form (Form 8832, Entity Classification
Election). Because petitioner inadvertently missed that
deadline, it was required to request an extension of time,
pursuant to secs. 301.9100-1(c) and 301.9100-3, Proced. & Admin.
Regs., to make the election.
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