- 6 - Petitioners' original Federal income tax return for 1992 does not reflect any taxable dividends received from EMFI. On June 18, 1993, petitioners filed a Form 1040X, Amended U.S. Individual Income Tax Return, for 1992 reporting taxable dividends of $665,981 from EMFI. On April 4, 1996, petitioners filed a third Form 1040X removing from taxable income the taxable dividends of $665,981 from EMFI and claiming a refund of tax proportionate to the reduction of income.2 The IRS has not allowed the claim for refund filed by petitioners in their third amended return for the taxable year 1992. Beginning in September 1995, EMFI was audited by the IRS for the fiscal year ended October 31, 1993. In 1996, in the course of discussions with Mr. Rockne Wilson, petitioners' accountant, the revenue agent examining EMFI's return for the fiscal year ended October 31, 1993, raised the issue of whether EMFI had made an election under section 1368(e)(3). The revenue agent determined that the amount of C corporation earnings and profits as of November 1, 1992, was $3,555,271 rather than $739,979. Although petitioners dispute this figure, the parties agree that EMFI's correct accumulated C corporation earnings and profits, as of November 1, 1992, exceed the total distributions of $879,979 by EMFI in 1992. 2Petitioners filed a second Form 1040X, dated Apr. 13, 1994, in which they made an unrelated $5,427 adjustment to income.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