- 5 - 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 toPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011