Page:United States Statutes at Large Volume 98 Part 1.djvu/1012

 98 STAT. 964

PUBLIC LAW 98-369—JULY 18, 1984

26 USC 6611.

(A) Paragraph (3) of section 6611(f) (relating to refund of tax caused by carryback, etc.) is amended by adding at the end thereof the following new subparagraph: "(C) APPLICATION OF SUBPARAGRAPH (B) WHERE SECTION

Ante, p. 846.

26 USC 6331.

6411 (a) CLAIM PILED.—For purposes of subparagraph V (B)(i)(II), if a taxpayer— "(i) files a claim for refund of any overpayment described in paragraph (1) or (2) with respect to the taxable year to which a loss or credit is carried back, and "(ii) subsequently files an application under section 6411(a) with respect to such overpayment, then the claim for overpayment shall be treated as having been filed on the date the application under section 6411(a) was filed." (B) The last sentence of section 6411(a) is amended by striking out "An" and inserting in lieu thereof "Except for purposes of applying section 6611(f)(3)(B), an", (o) AMENDMENT RELATED TO SECTION 349.—Subsection (b) of section 6331 is amended by striking out "subsection (d)(3)" and inserting in lieu thereof "subsection (e)". (p) AMENDMENTS RELATED TO TITLE IV.— (1) EXTENSION OF PARTNERSHIP AUDIT PROVISIONS TO ENTITIES

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26 USC 6233.

FILING PARTNERSHIP RETURNS, ETC.—Subchapter C of chapter 63 (relating to tax treatment of partnership items) is amended by adding at the end thereof the following new section: "SEC. 6233. EXTENSION TO ENTITIES FILING PARTNERSHIP RETURNS, ETC. "(a) GENERAL RULE.—If a partnership return is filed by an entity for a taxable year but it is determined that the entity is not a partnership for such year, then, to the extent provided in regulations, the provisions of this subchapter are hereby extended in respect of such year to such entity and its items and to persons holding an interest in such entity. "(b) SIMILAR RULES IN CERTAIN CASES.—If for any taxable year— "(1) an entity files a return as an S corporation but it is determined that the entity was not an S corporation for such year, or "(2) a partnership return or S corporation return is filed but it is determined that there is no entity for such taxable year, then, to the extent provided in regulations, rules similar to the rules of subsection (a) shall apply." (2) TECHNICAL AND CLERICAL AMENDMENTS.—

26 USC 6230. 26 USC 6231. inc v'T,',

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(A) Subparagraph (B) of section 6230(c)(1) is amended by striking out "(or erroneously computed the amount of any such credit or refund)". (B) Paragraph (9) of section 6231(a) is amended by striking out "electing small business corporation" and inserting in lieu thereof "S corporation". (C) Subparagraph (A) of section 6231(d)(1) is amended to read as follows: "(A) in the case of a partner whose entire interest in the partnership is disposed of during such partnership taxable year, as of the moment immediately before such disposition, or".

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