Question:
An LLC formed back in 2004 and I believe started operating as a partnership with two partners. Unfortunately, one of the "partners" was paid payroll with taxes taken out for work she performed in the partnership (instead of taking guaranteed payments). The other (main) partner was not paid and the company did not make money. Since they really were really operating as an S-corporation and withholding taxes as they went, we requested to be taxed as an S-corporation for both years under Rev Proc 2004-48. The IRS denied the request because the request wasn't received within 6 months after the due date of the 2004 return.
- How could we file a partnership return with one of the partners receiving wages?
- Since the IRS doesn't really know who the partners are yet, what about filing the partnership return with the K-1 going to the partner's (who received wages) husband?
- If neither of these would work, would it be beneficial to request a Private Letter Ruling? Thanks for any input.
Wayne Rivers, CPA