- 18 - to Mr. and Mrs. Thurman in the respective amounts of $758,745 and $1,228,320. Moreover, EMFI actually made two separate distributions that petitioners initially did not report as taxable income for 1992. Petitioners amended their 1992 Form 1040, the year in which the distributions were made and included the distributions in taxable income and paid the related tax. Ultimately, petitioners filed another amended return in which they removed the distributions from taxable income, made a claim for refund, and now assert that EMFI did not make an election to first distribute earnings and profits. With respect to petitioners' individual filings, evidence that EMFI intended to file an election is further diminished by the fact that petitioners filed their first amended return, which represented the distributions as dividends, on June 18, 1993, whereas EMFI was not required to file Form 1120S for the fiscal year ended October 31, 1993, until long after petitioners filed their amended return. It is certainly conceivable that EMFI, through its officers, made a decision as to whether or not to file an election between the time that petitioners filed their amended return in June 1993 and the time that EMFI filed its corporate return. Although there appears to be some confusion in petitioners' individual filings, it is clear that no election was filed byPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011