- 3 - As of November 1, 1986, EMFI had C corporation book retained earnings of $3,739,980 related to prior years. On December 27, 1988, at a special meeting of the board of directors, EMFI declared and paid a $3 million cash dividend to its shareholders. EMFI prepared a "Statement of election to treat distributions to shareholders as not made first out of the accumulated adjustments account", and Mr. Thurman signed the statement on December 29, 1988. EMFI also prepared a "Statement of consent of affected shareholders to election by Earth Movers of Fairbanks, Inc. to treat distributions to shareholders as not made first out of the accumulated adjustments account". Each of the shareholders who received a distribution signed the statement on December 29, 1988. EMFI did not file the election statement or the statement of consent with the Internal Revenue Service (IRS). EMFI recorded its C corporation book retained earnings balance at $739,979 as of October 31, 1989. On their 1988 Federal income tax return, petitioners reported the distributions paid by EMFI in December 1988 as taxable dividend distributions. Petitioners have not filed claims for refund in relation to the dividend distribution made in December 1988 by EMFI. EMFI made two distributions to its shareholders during the fiscal year ended October 31, 1993. At EMFI's annual meeting of directors held on December 13, 1992, the board resolved to make aPage: 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