(a) Taxation on regular, special or corporate members with respect to accrued earnings and profits from taxable years in which the corporation was not a special employee-owned corporation. — Any distribution made by a special employee-owned corporation to regular, special or corporate members from earnings and profits accrued during years in which the corporation was not a special corporation, including earnings and profits derived from reorganizations with persons other than special corporations, shall be subject to the provisions of this subtitle without regard to this subchapter.(b) Source of distributions. — In those cases in which the special employee-owned corporation has accrued earnings and profits of those described in subsection (a), the Board of Directors of the special corporation will determine the source of the distribution or credit notices made. History —Jan. 31, 2011, No. 1, § 1113.13, retroactive to Jan. 1, 2011.