Edward W. and Edith M. Arnold, et al. - Page 3

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          B.   Western Timber Farm, Inc.                                              
               Petitioners organized Western Timber Farm, Inc. (Western),             
          on February 4, 1993.  Petitioners alternately served as president           
          of Western during the years in issue.                                       
               On April 20, 1993, Mrs. Arnold signed a Form 2553, Election            
          by a Small Business Corporation, for Western in which she stated            
          that Western wanted to adopt a tax year ending January 31.  Mrs.            
          Arnold stated on the form that the year ending January 31 was               
          Western’s natural business year as provided in Rev. Proc. 87-32,            
          secs. 4.01 and 4.02(a), 1987-2 C.B. 396, 399.3                              
               In a letter to Western dated February 12, 1996, respondent             
          acknowledged receipt of the Form 2553 and stated that the                   
          acknowledgment was not an acceptance of the election.  In a                 
          letter to petitioners dated December 21, 1998, respondent said              
          that Western’s S corporation election was not valid.  In a letter           
          to respondent dated July 28, 1999, Mr. Arnold protested                     
          respondent’s denial of Western’s S corporation election and                 
          argued that Western was entitled to adopt a fiscal year ending              
          January 31.                                                                 
               In a letter to Mr. Arnold dated March 19, 2001, respondent             
          stated that respondent had reviewed Western’s Form 1120S, U.S.              
          Income Tax Return for an S Corporation, for 1998.  According to             

               3 Rev. Proc. 87-32, 1987-2 C.B. 396, was in effect in 1999             
          and 2000.  It was superseded by Rev. Proc. 2002-38, 2002-1 C.B.             
          1037, effective for tax years ending on or after May 10, 2002.              




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