KRP, Inc., Roy G. Johnson, Tax Matters Person - Page 2




                                        - 2 -                                         
          The issues raised in the motion concern KRP, Inc.’s (KRP)                   
          liability for the built-in gains tax imposed pursuant to section            
          1374 for 1995.2                                                             
          Background                                                                  
               KRP is a corporation organized and existing under the laws             
          of the State of Alaska.  KRP is a calendar year taxpayer.  On               
          July 1, 1985, KRP was incorporated.  On July 1, 1992, KRP elected           
          to be treated as an S corporation.  During 1994 and 1995, this              
          election remained in effect.  At the time KRP made the S                    
          corporation election, it owned, among other things, two gas                 
          stations.                                                                   
               KRP mailed its 1994 and 1995 Federal income tax returns to             
          the Internal Revenue Service (IRS) on September 15, 1995, and               
          August 16, 1996, respectively.  On its 1995 return, KRP reported            
          a $494,576 gain on the sale of the gas stations, which it divided           
          between ordinary gain ($212,903) and section 1231 gain                      
          ($281,673).                                                                 
               The IRS audited KRP’s 1994 and 1995 returns.  In connection            
          with this audit, the IRS and KRP, via the tax matters person,               
          entered into three consents on Forms 872-S, Consent to Extend the           
          Time to Assess Tax Attributable to Items of an S Corporation, to            
          extend the time to assess any Federal income tax attributable to            


               2  The motion for partial summary judgment addresses only              
          one of several issues petitioner raised in the petition.                    





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