- 3 - of law that petitioner is precluded from challenging the validity of the S corporation status of JPS. We deny both motions. FINDINGS OF FACT Some of the facts have been stipulated and are so found. We incorporate by this reference the stipulation of facts and attached exhibits. At the time of filing the petition, petitioner resided in Houston, Texas. Petitioner incorporated JPS on October 25, 1976, with petitioner and his wife, Mary Ann Johnson, as directors and the sole officers.2 Petitioner was president and Mary Ann Johnson was secretary. In addition to them, JPS had, at most, three other employees during the period of 1975-77, one of whom was petitioner’s daughter. On November 26, 1976, which was the Friday after Thanksgiving Day, the Internal Revenue Service Fresno Service Center (Fresno Service Center) stamped "Received" on the face of a Form 2553, Election by a Small Business Corporation, listing JPS as the electing corporation. The parties have stipulated that it is unknown whether the Form 2553 was mailed, hand delivered, or transported by private courier to the Fresno Service Center. 2 It has been alleged, and the parties do not appear to dispute, that petitioner and Mary Ann Johnson were the only shareholders of JPS. However, the only evidence of that allegation currently in the record is a Form 2553, the validity and authorship of which are disputed.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011