26 U.S.C. § 1372

1. (a)For purposes of applying the provisions of this subtitle which relate to employee fringe benefits—
   1. (1)the S corporation shall be treated as a partnership, and
   2. (2)any 2-percent shareholder of the S corporation shall be treated as a partner of such partnership.
2. (b)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.