(a)

General rule

For purposes of applying the provisions of this subtitle which relate to employee fringe benefits -

(1)

the S corporation shall be treated as a partnership, and

(2)

any 2-percent shareholder of the S corporation shall be treated as a partner of such partnership.

(b)

2-percent shareholder defined

For purposes of this section, the term "2-percent shareholder" means any person who owns (or is considered as owning within the meaning of section 318) on any day during the taxable year of the S corporation more than 2 percent of the outstanding stock of such corporation or stock possessing more than 2 percent of the total combined voting power of all stock of such corporation.