John M. Cameron and Caroline D. Cameron, and John P. and Teena G. Broadaway - Page 3

                                        - 3 -                                         
               At the time they filed their joint petition, the Broadaways            
          resided in Bono, Arkansas, and the Camerons resided in Jonesboro,           
          Arkansas.  Petitioners were shareholders in Company during the              
          taxable years at issue.  Company is engaged in the road and                 
          highway construction business.  Company calculated its income               
          from construction contracts under the completed contract method             
          of accounting.  Accordingly, it was required by section                     
          312(n)(6)1 to compute its earnings and profits as if it used the            
          percentage of completion method of accounting.  Company elected             
          to be taxed as an S corporation, pursuant to section 1362(a),               
          effective following the close of its taxable year ended                     
          October 31, 1988.  As an S corporation, Company's first tax year            
          was a short year ending December 31, 1988, and Company thereafter           
          reported on a calendar year basis.                                          
               At some time during its 1989 taxable year, Company made a              
          distribution to petitioners.  The distribution is taxable to                
          petitioners as a dividend to the extent of the accumulated                  
          earnings and profits of the Company existing on December 31,                
          1989.  The parties have specified four alternatives:                        
               (1)  If Company's earnings and profits must be computed as             
          of the end of each taxable year on the basis of reasonable                  
          contemporaneous estimates of the costs to complete its                      

               1 Unless otherwise indicated, all section references are to            
          the Internal Revenue Code in effect for the taxable years at                
          issue, and all Rule references are to the Tax Court Rules of                
          Practice and Procedure.                                                     




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011