- 17 - when first received, for two reasons: First, respondent argues that all that is required for a Form 2553 to be sufficiently complete is the signature of the authorized officer and the consent of the shareholders, citing Thompson v. Commissioner, 66 T.C. 737 (1976); Brutsche v. Commissioner, 65 T.C. 1034 (1976), revd. on other grounds and remanded 585 F.2d 436 (10th Cir. 1978); Garrett & Garrett, P.C. v. Commissioner, T.C. Memo. 1993- 453; and Leve v. Commissioner, T.C. Memo. 1985-255. Second, respondent argues that the second submission of the Form 2553 demonstrated the validity of the original submission, permitting the original submission to be treated as complete and valid. With respect to the first argument, respondent concededly has found no case in which the election form was incomplete in content in exactly the same respects as the one at issue in this case. However, petitioner has not cited any case where a Form 2553 was found ineffective on the basis of something other than the absence of valid signatures of an authorizing corporate officer or consenting shareholders, or untimeliness of filing. In any event, we need not decide whether the signature of the authorized officer and the consent of the shareholders are sufficient in all cases; rather, as discussed below, we hold that in the circumstances of this case, petitioner is not entitled to a summary adjudication that the Form 2553 was too incomplete to be considered valid.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