-6- attempted to make an election to be treated as an S corporation. Nonetheless, petitioners argue that IAMCM should now be permitted to make an S corporation election and that that election should be retroactive to 1993, 1994, and 1995. Respondent disagrees. A small business corporation generally may elect to be an S corporation. See sec. 1362(a). Assuming arguendo, without deciding, that IAMCM qualifies as a small business corporation as defined in section 1361(b), it generally may make an election under section 1362(a) to be an S corporation for any taxable year at any time during the preceding taxable year or at any time during the taxable year and on or before the 15th day of the third month of the taxable year.3 See sec. 1362(b)(1). On the record before us, we find that IAMCM did not make a timely and valid election to be treated as an S corporation for any of the years 1993, 1994, and 1995 (or for either of the remaining years at issue, 1991 and 1992).4 On that record, we 3If a small business corporation makes an election under sec. 1362(a) for any taxable year and that election is made after the 15th day of the third month of the taxable year and on or before the 15th day of the third month of the following taxable year, such an election shall be treated as made for the following taxable year. See sec. 1362(b)(3). 4The record is devoid of evidence explaining why IAMCM did not file Form 2553 with respondent within the time prescribed by sec. 1362(b). At trial, Mr. Avula testified that, when the agent informed him in April 1997 about the rules requiring a small business corporation to file Form 2553 in order for it to be treated as an S corporation, no such form was filed “for ethical reasons”.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011