- 3 - Tax Year Ended Deficiency June 26, 1993 $432,619 Dec. 31, 1993 432,619 Dec. 31, 1994 432,619 Dec. 31, 1995 432,619 These deficiencies stem from respondent’s determination requiring petitioner to recapture its LIFO reserves upon conversion from a C corporation to an S corporation effective June 27, 1993. The issue for decision is whether petitioner is subject to LIFO recapture pursuant to section 1363(d) as a consequence of a change in the structure of petitioner and its subsidiaries. For the reasons set forth below, we hold that it is. All section references are to the Internal Revenue Code as in effect for 1993. All dollar amounts are rounded. FINDINGS OF FACT Some of the facts have been stipulated and are so found. The stipulation of facts and the attached exhibits are incorporated herein by this reference. Background At the time the petition in this case was filed, Coggin Automotive Corp., formerly known as Coggin-O’Steen Investment Corp., was a Florida corporation with its principal place of business in Jacksonville, Florida. (Herein, both Coggin Automotive Corp. and Coggin-O’Steen Investment Corp. are referred to as petitioner.)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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