- 7 - Discussion Respondent argues that, notwithstanding the fact that EMFI did not file an election statement for its fiscal year ended October 31, 1993, the doctrine of substantial compliance operates to treat EMFI as having made an election to first distribute earnings and profits to petitioners. Petitioners argue that no election was made by EMFI. Generally, the "accumulated adjustments account" is a corporate account of an S corporation which is adjusted in the same manner as adjustments are made to a shareholder's basis under section 1367. Sec. 1368(e)(1)(A). The accumulated adjustments account generally contains a total of all undistributed earnings of the corporation previously taxed to the shareholders during the period in which the corporation has been an S corporation. The basic purpose of the earnings and profits account is to keep track of the amount of corporate funds that have not yet been taxed to shareholders. Cameron v. Commissioner, 105 T.C. 380, 383-384 (1995), affd. sub nom. Broadaway v. Commissioner, 111 F.3d 593 (8th Cir. 1997). When a corporation elects pass- through treatment under subchapter S, its net income earned as an S corporation is taxed currently to the shareholders and thereafter is generally distributed tax free. Secs. 1366(a),Page: 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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