Dover Corporation and Subsidiaries - Page 14

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                    b.  Amendments to the Regulations                                 
               Since they were issued, the (final) check-the-box                      
          regulations have been amended several times.  The only relevant             
          amendments were additions to the regulations that, together,                
          constitute the existing paragraph (g) of section 301.7701-3,                
          Proced. & Admin. Regs.  See T.D. 8844, 1999-2 C.B. 661, 666-667;            
          T.D. 8970, 2002-1 C.B. 281, 282.  Although those amendments are             
          generally effective as of the dates of issuance (November 29,               
          1999, and December 17, 2001, respectively), both amendments                 
          provide for retroactive application for elections filed before              
          those dates if all affected persons take consistent filing                  
          positions.  See sec. 301.7701-3(g)(2)(ii), (4), Proced. & Admin.            
          Regs.  The parties have stipulated that the election by H&C, on             
          Form 8832, to be a disregarded entity was filed on or about                 
          October 10, 1999, which precedes the general effective dates.               
          On brief, both parties have cited and relied upon portions of               
          section 301.7701-3(g), Proced. & Admin. Regs.  Therefore, we find           
          that the parties agree to the retroactive application of                    
          paragraph (g) of section 301.7701-3, Proced. & Admin. Regs., to             
          H&C’s disregarded entity election.                                          
                    c.  Applicable Provisions of the Regulations                      
               Section 301.7701-3(a), Proced. & Admin. Regs., sets forth              
          the general rule that “[a] business entity that is not classified           







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