- 16 - does not comply with the intent of the statute or the regulations proposed by respondent. Applying existing law, substantial compliance with election requirements normally entails, at a minimum, a clear expression of the electing party's intention to elect appearing on either its original return or, if the circumstances necessitating an election arise after the filing of an original return, as soon as practicable on an amended return. Fisher Indus., Inc. v. Commissioner, 87 T.C. 116, 122 (1986), affd. 843 F.2d 224 (6th Cir. 1988); see also Young v. Commissioner, supra at 839 (electing party must exhibit in some manner his unequivocal agreement to accept both the benefits and the burdens of the election). Respondent argues that petitioners' signed statements of election and consent provide clear and unequivocal evidence of consent. Respondent further argues that once EMFI made the alleged elections, all its actions and those of petitioners are consistent with having made the election. Respondent contends that EMFI's Forms 1120S showed reductions of C corporation "earnings and profits" in 1988 and 1992. Respondent asserts that this is evidenced by EMFI's Forms 1120S, which showed a $3 million reduction on line 26 (Other retained earnings) of Schedule L in December 1988, and elimination of the remaining retained earnings in the same manner on EMFI's Schedule L inPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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