- 4 - distribution of dividends in the amount of $739,979.25. 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 22, 1992. 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 22, 1992. EMFI did not attach to its Form 1120S for the fiscal year ended October 31, 1993, or file separately with the IRS, the election statement or the statement of consent. In accordance with the board of directors' resolution, the first distribution was made on December 22, 1992, in the amount of $739,979 and was paid partially by checks totaling $229,394 and partially in promissory notes totaling $510,586. Petitioners' share of the first distribution paid by EMFI on December 22, 1992, totaled $665,981. The second distribution was paid in the total amount of $2,318,872. A portion of the second distribution was paid by EMFI to the shareholders on December 22, 1992. Petitioners' share of the first portion of the second distribution paid on December 22, 1992, totaled $140,000. During the calendar year 1992, petitioners received a total of $805,981 in cash andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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