Common use of Partnership Tax Treatment Clause in Contracts

Partnership Tax Treatment. The Members expect and intend that the Company shall be treated as a partnership for all federal and state income tax purposes, and the Members agree that they will not: (a) take a position on any federal, state, local or other tax return, or otherwise assert a position, inconsistent with such expectation and intent; or (b) elect for the Company to be treated as an association for tax purposes or do any other act or thing which could cause the Company to be treated as other than a partnership for federal income tax purposes.

Appears in 4 contracts

Samples: Operating Agreement (Patriot Scientific Corp), Commercialization Agreement (Patriot Scientific Corp), Operating Agreement (Patriot Scientific Corp)

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Partnership Tax Treatment. The Members expect and intend that the Company shall be treated as a partnership for federal, state and local income tax purposes and the Company and each Member shall file all federal tax returns on the basis consistent therewith. Specifically, the Members intend that the Company shall not be a partnership (including, without limitation, a limited partnership) or joint venture and that no Interest Holder shall be a partner or joint venturer of any other Interest Holder for any purposes other than federal, state income and local tax purposes, and the Members agree that they will not: (a) take a position on any federal, state, local or other tax return, or otherwise assert a position, inconsistent with such expectation and intent; or (b) elect for the Company this Agreement shall not be construed to be treated as an association for tax purposes or do any other act or thing which could cause the Company to be treated as other than a partnership for federal income tax purposessuggest otherwise.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Zugel Christian), Limited Liability Company Agreement (Zugel Christian)

Partnership Tax Treatment. The Members expect and intend that the Company LLC shall be treated as a partnership for all federal and state income tax purposes, and the Members agree that they will not: (a) take a position on any federal, state, local or other tax return, return or otherwise assert a position, inconsistent with such expectation and intent; or (b) elect for the Company to be treated as an association for tax purposes or do any other act or thing which could cause the Company LLC to be treated as other than a partnership for federal income tax purposes.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Sizzler International Inc)

Partnership Tax Treatment. The Members expect and intend that the Company shall be treated as a partnership for all federal and state income tax purposes, and the Members agree that they will not: (ai) take a position on any federal, state, local or other tax return, return or otherwise assert a position, inconsistent with such expectation and intent; or (bii) elect for the Company to be treated as an association for tax purposes or do any other act or thing which could cause the Company to be treated as other than a partnership for federal income tax purposes.

Appears in 1 contract

Samples: Limited Liability Company (Championship Auto Racing Teams Inc)

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Partnership Tax Treatment. The Members expect and intend that the Company shall be treated as a partnership for all federal and state income tax purposes, and the Members agree that they will not: (a) take a position on any federal, state, local or other tax return, or otherwise assert a position, inconsistent with such expectation and intent; or (b) elect for the Company to be treated as an association taxable as a corporation for tax purposes or do any other act or thing which could cause the Company to be treated as other than a partnership for federal income tax purposes.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Ignite Restaurant Group, Inc.)

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