- 3 - aircraft parts. Petitioner and Mr. Turner each made initial capital contributions to Union Machine. Petitioner contributed $12,000 of inspection equipment and granite,3 and Mr. Turner transferred his personally owned equipment. Mr. Turner became president of Union Machine, and petitioner became vice president.4 On January 10, 1996, Union Machine filed with the Internal Revenue Service (IRS) a Form 2553, Election by a Small Business Corporation, to be treated as an S corporation, which the IRS accepted effective January 2, 1996.5 Since then, Union Machine has operated as an S corporation on a calendar year basis. The Form 2553 listed the shareholders as follows: Date of Name Shareholder Consent No. shares1 Date Acquired Philip L. Turner6/28/95 51 1/2/96 Ronald L. DeVault 6/28/95 49 1/2/96 Gigi DeVault2 9/29/95 -- 1/2/96 1At all relevant times, the number of shares owned by each shareholder has remained the same. 2 At the time of the S corporation election, Gigi DeVault (Mrs. DeVault) was petitioner’s spouse. After the formation of Union Machine, Mr. Turner resigned from Modern to manage Union Machine’s day-to-day operations. Petitioner, on the other hand, continued to work full time at 3 Petitioner obtained a personal loan from Household Finance to purchase these items. 4 At all relevant times, Mr. Turner has remained president of Union Machine. 5 We note that Form 2553, Election by a Small Business Corporation, incorrectly listed Union Machine’s date of incorporation as Jan. 2, 1996.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011