- 18 - BAC’s S Election Mr. Portman recommended that BAC be owned by Mrs. Baldwin in order to protect petitioner’s trading business from liability in the event of an accident and informed petitioner’s accountant that Mrs. Baldwin would own BAC. Mr. Portman prepared BAC’s Form 2553, Election by a Small Business Corporation (Under section 1362 of the Internal Revenue Code), and sent the Form 2553 to petitioner with instructions for Mrs. Baldwin to sign as sole shareholder. However, Mrs. Baldwin did not sign the form and did not consent to BAC’s election to be treated as an S corporation. Instead, Liz Matre signed Mrs. Baldwin’s name (as consenting shareholder and as president of BAC) on the form. Respondent accepted the facially complete Form 2553 on May 31, 1988. BAC’s 1988 and 1989 Forms 1120S, U.S. Income Tax Return for an S Corporation, list Mrs. Baldwin as BAC’s sole shareholder. BAC’s 1990, 1991, and 1992 Forms 1120S, which were filed after petitioners’ divorce proceeding had commenced, list petitioner as BAC’s sole shareholder. BAC’s Transportation Activity During the years at issue, petitioner regularly used the Sabre to transport himself and his family, friends, and other invited guests to Granot Loma. In an effort to structure the operation of BAC as a business, petitioner, beginning in approximately May 1989, arranged for BAC to invoice one of hisPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011