Estate of William H. Kaiser, Deceased, William R. Kaiser and Robert B. Kaiser, Co-Executors, Successor in Interest to Kaiser Family Corporation and Margaret G. Kaiser Qualified Terminable Interest T - Page 5

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            and hold the balance for the underwriters in a separate "premium                          
            account".  Kaiser's contracts with each underwriter required                              
            Kaiser to hold such funds in a fiduciary capacity and prohibited                          
            Kaiser from commingling them with Kaiser's own funds.  Kaiser                             
            would later send these funds to the underwriter.  In the case of                          
            direct premium payments, the underwriter would send Kaiser its                            
            commission and retain the balance.                                                        
                  Kaiser elected subchapter S status on July 1, 1987, and                             
            filed Forms 1120S (U.S. Income Tax Return for an S Corporation)                           
            in 1990, 1991, and 1992.  Kaiser reported its income on the                               
            accrual method of accounting.  In calculating its gross income,                           
            Kaiser included in its gross receipts the premiums paid on all                            
            policies issued by it during the year and deducted as a cost of                           
            goods sold the portion of the premiums forwarded to the                                   
            underwriters (in the case of indirect premium payments), or                               
            retained by the underwriters (in the case of direct premium                               
            payments).                                                                                
                  Respondent issued a notice of deficiency, dated December 22,                        
            1994, to Kaiser Family Corporation (the successor in interest to                          
            Kaiser) for years 1990, 1991, and 1992.  In the notice,                                   
            respondent determined that Kaiser was not an S corporation during                         
            the years in issue.  As a result, respondent determined that                              
            Kaiser owed corporate income taxes as a subchapter C corporation.                         
            Respondent issued a second notice of deficiency, also dated                               
            December 22, 1994, to William and Margaret Kaiser relating to                             




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