James L. and Leta A. Thurman - Page 2

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          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.                                                                  




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