- 5 - Amended U.S. Individual Income Tax Return, filed by petitioners that are intended to cancel "the previously filed Schedule E's and have substituted Schedule C's". The amended returns were received by the Service Center on December 11, 2000. On page 2, Part II of the returns, Explanation of Changes to Income, Deductions, and Credits, petitioners state that the returns are being "filed to remove the K-1 from Cactus Quail Enterprises, Inc. per letters from the IRS disallowing the S-corporation election." The explanation further states that the State corporation commission reports for the corporation were not filed for 1997, 1998, and 1999, and that the "corporation was no longer valid after 12/31/96." Discussion Petitioners' argument on brief is that they did business as a proprietorship for the years at issue but, if they were doing business as a corporate entity, then such entity was an S corporation under section 1361. Respondent's position is that petitioners failed to make an election under section 1362. Respondent further argues that petitioners have not shown that they were doing business as a proprietorship in 1997 and 1998, but that even if they were, they have not shown that they actually incurred the expenses they now claim are deductible on Schedules C, Profit or Loss From Business, of their personal returns.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011