- 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
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