indicate the document was received by fax on January 14, 1993.
Petitioner claims that he also mailed the Form 2553 on January 8,
1993, but respondent's records indicate that no such document was
received in 1993.
Under different circumstances, we would be compelled to
resolve these factual disputes. However, there is no need to do
so in this case. Because we are bound to follow the above-cited
line of cases decided by the Court of Appeals for the Sixth
Circuit, Golsen v. Commissioner, 54 T.C. 742 (1970), affd. 445
F.2d 985 (10th Cir. 1971), petitioner's testimony regarding what
he did is not so important as his testimony as to what he did not
do; that is, send the Form 2553 by certified or registered mail.
Because respondent has denied receipt of the Form 2553 in 1993,
and because petitioner did not send that form by certified or
registered mail, the form cannot be considered filed. Carroll v.
Commissioner, supra; Surowka v. United States, supra; Miller v.
United States, supra; Deutsch v. Commissioner, supra. Absent the
filing of a valid Form 2553, Management cannot be treated as an S
corporation for the year 1993, and petitioner is not entitled to
deduct any loss attributable to the corporation. It follows that
respondent's adjustment in this regard must be sustained.
Negligence Penalty
Section 6662(a) imposes a penalty in an amount equal to 20
percent of the portion of the underpayment of tax attributable to
a taxpayer's negligence or disregard of rules or regulations.
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