Lloyd L. Barber, Jr. and Janet M. Barber - Page 2




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          owned by Lloyd L. Barber (petitioner).  Resolution of this issue            
          depends upon whether a timely election on Form 2553 was filed on            
          behalf of the corporation.                                                  
               All section references are to the Internal Revenue Code in             
          effect for the years under consideration.  All Rule references are          
          to the Tax Court Rules of Practice and Procedure.                           
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.  The          
          stipulation of facts and the attached exhibits are incorporated             
          herein by this reference.                                                   
               At the time petitioners filed their petition, they resided in          
          Anchorage, Alaska.                                                          
               Legal Search, Inc. (Legal Search) was incorporated in Alaska           
          on December 2, 1993.  It performed legal research and prepared              
          legal documents through petitioner, a self-taught paralegal.                
               Respondent's records do not reflect that an election was ever          
          made by Legal Search on Form 2553 for treatment as a small business         
          corporation. (A May 18, 1999, Certification of Lack of Record to            
          this effect was secured from the Custodian of Records for the Ogden         
          Service Center and is part of the record.)                                  
               On April 17, 1996, the Internal Revenue Service (IRS) received         
          petitioners' Federal income tax return, Form 1040, for 1995.  On            
          the return, petitioners reported an $8,613 pass-through loss from           
          Legal Search, which petitioners claim is an S corporation.  Because         





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