- 4 - In early January of 1997, 1998, and 1999, petitioner Martin Higbee, as president of the corporation, signed successive interest-bearing promissory notes payable on demand to Martin Higbee, as an individual. On November 24, 1999, Cactus Quail Enterprises, Inc. filed with the Arizona secretary of state an Application for Registration of Trade Name to register its name. The Office of the secretary of state responded by advising the corporation that it "is not in good standing". An employee of the Commissioner's Ogden Service Center (Service Center), in a letter dated March 2, 2000, wrote the corporation in care of petitioner Suzanne Higbee to advise that "According to our records, you have not been accepted as an S- Corporation." The letter informs the corporation to file a Form 1120, U.S. Corporation Income Tax Return, in lieu of a Form 1120S, or to apply for "relief for a late S-Corporation election". The Commissioner issued to petitioners a statutory notice of deficiency dated September 15, 2000, for 1997 and 1998 disallowing the deductions for S corporation losses claimed on their joint Federal income tax returns, making mechanical adjustments to their itemized deductions, and asserting the accuracy-related penalties under section 6662(a). Petitioners' accountant, Mr. Preiser, in a letter to the Service Center dated December 7, 2000, refers to Forms 1040X,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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