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given power of attorney on behalf of NTI at the time the Form
2553 was initially received by respondent.
On or about March 14, 1991, the Form 2553 was sent by
regular mail to respondent's Memphis Service Center (the Service
Center). It was received on March 18, 1991, as evidenced by a
date stamp placed on the document at the Service Center. NTI
intended the election to be effective beginning January 1, 1991;
however, the designated area on the Form 2553 where the effective
date should have been filled in (box D) was left blank. Also
left blank was the designated area for NTI's employer
identification number (box A).
With respect to an incomplete Form 2553, in April 1991
section 3(13)2(34).(14) of the Internal Revenue Manual provided:
(1) If the election is incomplete or eligibility
cannot be determined, correspond via Letter 312C. Allow 30
days for the taxpayer's response. Annotate all actions on
the case file, suspend the case.
(2) TIMELY RESPONSE--If the reply to complete the
election is received within the filing period or within 30
days, accept the election for the period requested.
(3) LATE RESPONSE--If the reply to complete the
election is received after the filing period and after the
30 day period, but before the 16th day of the third month of
the following year, accept the election for the following
year.
(4) NO REPLY--If a reply is not received at the end of
the suspense period, annotate the case file "No Reply". *
* *. Send the taxpayer a letter explaining why Form 2553
was rejected.
(5) If the reply is received after the 16th day of the
third month of the following year, or the reply is
incomplete, reject the election. * * *.
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