Collin L. Dugan - Page 4

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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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