- 2 - corporation as having made a valid election under section 1368(e)(3)(A).1 Background The parties submitted this case fully stipulated pursuant to Rule 122. The stipulation of facts is incorporated herein by this reference. Petitioners resided in Fairbanks, Alaska, at the time they filed their petition. During the taxable year 1992 and previous years, petitioners owned 90 percent of the shares of issued and outstanding common stock of Earth Movers of Fairbanks, Inc. (EMFI). Petitioners' children owned the remaining 10 percent of the issued and outstanding common stock. EMFI was incorporated under the laws of the State of Alaska in 1974. EMFI reported its taxes on a fiscal year basis beginning on November 1 and ending on October 31. Prior to the taxable year commencing November 1, 1986, EMFI was actively engaged in business as a C corporation and was taxable as such under the internal revenue laws. EMFI elected to be taxed as an S corporation under the internal revenue laws for the taxable year ending October 31, 1987, and years thereafter. 1Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.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