- 21 - in its (Dover UK’s) business is arguably more persuasive than it would be if the assets are deemed to have been sold immediately after the deemed liquidation of H&C. The underlying assumption by both parties is that, whether the sale of the H&C stock (and, therefore, the deemed sale of H&C’s assets) occurred on June 30 or July 11, 1997, the deemed liquidation of H&C is considered to have occurred immediately before the close of business on June 29, 1997, the day before the effective date of H&C’s disregarded entity election, as specified in the Form 8832 filed by H&C. See sec. 301.7701-3(c)(1)(iii), (g)(3)(i), Proced. & Admin. Regs. We question that underlying assumption. In its initial request for 9100 relief, petitioner specifically requested that “H&C be granted an extension of time to make * * * [a disregarded entity election] effective immediately prior to the sale of stock in H&C by Dover UK to Thyssen UK”. (Emphasis added.) Consistent with petitioner’s request, respondent granted to H&C, “an [60-day] extension of time for making [a disregarded entity] election * * * effective immediately prior to the sale [of H&C stock] on [June 30, 1997]”. (Emphasis added.) Both petitioner, in filing the Form 8832 listing June 30, 1997, as the effective date of the disregarded entity election, and respondent, in accepting that filing, believed that June 30, 1997, was the date of the H&C stock sale and that the deemed liquidation occurred “immediately prior to”Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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