- 2 - 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,Page: Previous 1 2 3 4 5 6 7 Next
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