Filing an Entity Income Tax Return Does Not Constitute a Check-the-Box Election
A single member limited liability company (SMLLC) is treated by default under the check-the-box rules as a disregarded entity. If a Form 8832 is filed, the owner can elect to treat it as a corporation/association.
A single owner corporation was merged into an SMLLC owned by the same person. The surviving SMLLC filed Forms 1120 as a ‘c’ corporation thereafter. The IRS processed the Forms 1120. No Form 8832 election was ever made to treated the SMLLC as a corporation…
Heber E. Costello, LLC, et al., TC Memo 2016-184