- 7 - individual and corporate amended returns for 1997 and 1998 and filing of an appropriate revocation of BP Concessions’ S corporation election in exchange for withdrawal of the notice of Federal tax lien. In May 2001, petitioner gave Ms. Jaffe amended individual income tax returns but stated they were never filed. On May 22, 2001, petitioner and Mr. Foster executed an “Agreement to Change BP Concessions to a C Corporation”. The agreement stated: The undersigned hereby agree that at the year-end meeting in December of 1996, Phillip Aaron was charged by the Corporation with converting BP CONCESSIONS, INC. from a Sub-Chapter S Corporation to a C Corporation for the specific purpose, and in anticipation of, BP CONCESSIONS, INC., receiving income and loaning part of that income to Bernie Foster and Phillip Aaron during the year of 1997. Phillip Aaron was responsible for changing the Corporation from a Sub-Chapter S to a C Corporation. Phillip Aaron developed cancer and underwent chemotherapy during 1997 and, as a result, the C Corporation election was not made. It is still the desire of BP CONCESSIONS, INC., Phillip Aaron, and Bernie Foster that BP CONCESSIONS, INC., be changed from a Sub-Chapter S Corporation to a C Corporation and that the disbursement of proceeds for 1997 be classified as a loan as they were intended to be at the time of disbursement. Appeals Settlement Officer Vander Linden prepared a detailed Appeals case memo evaluating petitioners’ appeal and recommending that it be denied. On July 6, 2001, the IRS issued a Notice of Determination Concerning Collection Action(s) Under Sections 6320 and 6330.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011