- 3 - trusts were ineligible to be S corporation shareholders. As a result, petitioner operated as a C corporation from 1978 until 1997. William N. Lehrer (Mr. Lehrer), who is William K. Lehrer’s son, was petitioner’s chairman of the board and chief executive officer on the valuation date and for several years before the valuation date. On March 19, 1997, petitioner filed Form 2553, Election By A Small Business Corporation, to elect to be an S corporation under section 13621 (the election). The election was effective January 1, 1997. At the time of the election, petitioner’s primary asset was the right to divert 168,000 acre feet2 of water from the Colorado River at a specified diversion point near Garwood, Texas. Petitioner also held an investment portfolio at the time of the election, the value of which has been agreed upon by the parties. On January 7 and 8, 1999, petitioner sold its water right and related assets to the Lower Colorado River Authority (LCRA) and the city of Corpus Christi, Texas (Corpus Christi). Petitioner timely filed Form 1120S, U.S. Income Tax Return for an 1Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. 2An acre foot of water is the amount of water necessary to cover an acre of land 1 foot deep and is equal to approximately 326,000 gallons.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011