[Code of Federal Regulations]
[Title 26, Volume 11]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.1368-4]

[Page 760-761]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.1368-4  Effective date and transition rule.

    Except for Sec. Sec. 1.1368-1(e)(2), 1.1368-2(a)(5), and 1.1368-3 
Example 2, Example 4, and Example 5, Sec. Sec. 1.1368-1, 1.1368-2, and 
1.1368-3 apply to taxable years of the corporation beginning on or after 
January 1, 1994. Section 1.1368-1(e)(2), Sec. 1.1368-2(a)(5), and Sec. 
1.1368-3 Example 2, Example 4, and Example 5 apply only to taxable years 
of the corporation beginning on or after August 18, 1998. For taxable 
years beginning before January 1, 1994, and taxable years beginning on 
or after January 1, 1997, and before August 18, 1998, the treatment of 
distributions by an S corporation to its shareholders must be determined 
in a reasonable manner, taking into account

[[Page 761]]

the statute and legislative history. Except with regard to the deemed 
dividend rule under Sec. 1.1368-1(f)(3), Sec. 1.1368-1(e)(2), Sec. 
1.1368-2(a)(5), and Sec. 1.1368-3 Example 2, Example 4, and Example 5, 
return positions consistent with Sec. Sec. 1.1368-1, 1.1368-2, and 
1.1368-3 are reasonable for taxable years beginning before January 1, 
1994. Return positions consistent with Sec. Sec. 1.1368-1(e)(2), 
1.1368-2(a)(5), and 1.1368-3 Example 2, Example 4, and Example 5 are 
reasonable for taxable years beginning on or after January 1, 1997, and 
before August 18, 1998.

[T.D. 8852, 64 FR 71651, Dec. 22, 1999]