- 20 - required that a consistent election be filed in order to meet the requirements of substantial compliance. In Priv. Ltr. Rul. 90- 43-010 (Oct. 26, 1990), on facts very similar to the instant case, the Commissioner ruled that the taxpayer substantially complied "Provided that no later than 30 days after the date of this letter, [the electing party] files a section 1368(e)(3)(A) election".9 Here, instead of causing EMFI to file a late election in an effort to substantially comply, petitioners amended their 1992 Form 1040 to report no taxable distributions were received.10 We, therefore, find that the conflicting 8(...continued) But cf. Bond v. Commissioner, 100 T.C. 32 (1993) (substantial compliance found on information within the originally filed return); Hoffman v. Commissioner, 47 T.C. 218 (1966), affd. 391 F.2d 930 (5th Cir. 1968) (revocation of S corporation election allowed without amended or late filing). 9Although private letter rulings are not precedent, sec. 6110(j)(3), they "do reveal the interpretation put upon the statute by the agency charged with the responsibility of administering the revenue laws." Hanover Bank v. Commissioner, 369 U.S. 672, 686 (1962); see Rowan Cos. v. United States, 452 U.S. 247, 259 (1981); Estate of Cristofani v. Commissioner, 97 T.C. 74, 84 n.5 (1991). 10Respondent argues that if EMFI is treated as not having made the election, then taxpayers in the future will be able to whipsaw the Government. Respondent argues that taxpayers may substantially comply except for filing the election form and, later, depending on whether it is in the taxpayer's interest, effectively revoke the election by amending the shareholder's returns to request a refund. However, by requiring EMFI to file an election, our decision in this case only reinforces the Commissioner's regulatory requirement that an election statement be filed. Moreover, the Commissioner's regulations provide for an election to be made on a "timely filed original or amended (continued...)Page: 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