Colorado Gas Compression, Inc. - Page 2




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                                       OPINION                                        

               FOLEY, Judge:  By notice dated July 28, 1998, respondent               
          determined deficiencies of $52,073, $709,939, and $161,037                  
          relating to petitioner’s 1994, 1995, and 1996 Federal income                
          taxes, respectively.  The parties submitted this case fully                 
          stipulated pursuant to Rule 122.  Unless otherwise indicated, all           
          section references are to the Internal Revenue Code for the years           
          in issue, and all Rule references are to the Tax Court Rules of             
          Practice and Procedure.  After concessions, the issue is whether            
          section 633(d) of the Tax Reform Act of 1986, Pub. L. 99-514, 100           
          Stat. 2278 (TRA), is applicable to the years in issue when                  
          petitioner, in 1989, revoked, and, in 1994, regained, its S                 
          corporation status.                                                         
                                     Background                                       
               Petitioner, a corporation with one shareholder, was                    
          incorporated in 1977 and, from that year through 1988, filed tax            
          returns as a C corporation.  It had its principal place of                  
          business in Longmont, Colorado, when the petition was filed.  On            
          February 1, 1988, petitioner made a valid election to be an S               
          corporation, as defined by section 1361(a)(1).  On that date,               
          petitioner had assets with unrealized gain, and earnings and                
          profits, accrued during the period when petitioner was a C                  
          corporation.  These assets included securities and interests in             
          real estate and oil and gas partnerships.  Since February 1,                





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