§6244

Subchapter S items were defined in section 6245 as “any item of an S corporation to the extent regulations prescribed by the Secretary provide that, for purposes of this subtitle such item is more appropriately determined at the corporate level than the shareholder level.” The Secretary identified subchapter S items in section 301.6245-1

6244 (making certain procedural provisions of the unified partnership audit and litigation procedures set forth in secs. 6221-6234 applicable to S corporations); N.C.F. Energy Partners v. Commissioner, 89 T.C. 741, 744 (1987); see also Hang v. Commissioner, 95 T.C. 74 (1990). 3(...continued) beginning after Dec. 31, 1996, by the Small Business

6244 provides that the TEFRA provisions relating to the assessment and determination of partnership items are extended to the assessment and determination of subch. S items. Sec. 301.6241-1T(c), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 3003 (Jan. 30, 1987), exempts small S corporations, defined as corporations with 5 or fewer shareholder

Section 6244 provides that, except to the extent modified or made inapplicable by regulations, the partnership provisions which govern the judicial determination of partnership items and those that relate to partnership items are generally made applicable to subchapter S items. Eastern States Cas. Agency, Inc. v. Commissioner, supra at 775-776; Han

Subchapter S items were defined in section 6245 as "any item ofan S corporation to the extent regulations prescribed by the Secretary provide that, for purposes ofthis subtitle such item is more appropriately determined at the corporate level than the shareholder level." The Secretary identified subchapter S items in section 301.6245-1T,

situation persisted until 1988 when Congress enacted section 6512 03), giving the Tax Court jurisdiction to order the refund of overpayments determined in deficiency proceedings.¹6 Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100-647, sec. 6244, 102 Stat. 3750. This legislative history makes clear that Congress believed that absent this legislative change the Tax Court lacked authority to ¹6 Sec. 6512 03)(2) provides: Jurisdiction to enforce. If, after 120 days after a decision of t

With regard to petitions filed by a tax matters partner, if an action is brought with respect to a partnership for any partnership taxable year, each person who was a partner in the partnership at any time during the year shall be treated as a party to the action. Sec. 6226(c). For purposes of sections 6221 through 6233, the term “partne

6244 makes certain provisions of the TEFRA procedures relating to partnership items applicable to subch. S items, except as modified or made inapplicable by the regulations. Among the incorporated provisions is sec. 6226, which governs the judicial determination of partnership items. See sec. 6244(2); see also S. Rept. 97-640, at 25 (1982), 19

6244 makes certain provisions of the TEFRA procedures relating to partnership items applicable to subch. S items, except as modified or made inapplicable by the regulations. Among the incorporated provisions is sec. 6226, which governs the judicial determination of partnership items. See sec. 6244(2); see also S. Rept. 97-640, at 25 (1982), 19

6244 makes certain provisions of the TEFRA procedures relating to partnership items applicable to subch. S items, except as modified or made inapplicable by the regulations. Among the incorporated provisions is sec. 6226, which governs the judicial determination of partnership items. See sec. 6244(2); see also S. Rept. 97-640, at 25 (1982), 19

6244 extends and makes the partnership audit and litigation provisions applicable to subchapter S items. -6- at the shareholder, and not the corporate, level (viz., (1) for 1990 and 1991 the amount of loss, if any, deductible by each LB&M shareholder and (2) for 1990 the amount of capital gain, if any, of each LB&M shareholder). See sec. 6231