Martin and Suzanne Higbee - Page 5




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               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,               






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