Edward W. and Edith M. Arnold, et al. - Page 7

                                        - 7 -                                         
          $14,396 for labor.  Petitioners subtracted $28,067 from $17,995             
          of income and reported a loss of $10,072 for that activity.                 
                                       OPINION                                        
          A.   Whether Petitioners May Deduct Losses From Western in 1999,            
               2000, and 2001                                                         
               1.   Petitioners’ Contentions and Background                           
               Petitioners contend that (1) they properly elected S                   
          corporation status for Western, (2) Western was an S corporation,           
          (3) they substantiated the losses they deducted, (4) respondent             
          erroneously determined before 1999 that Western’s S corporation             
          election was invalid, and (5) they may deduct Western’s losses              
          for 1999, 2000, and 2001.4  We disagree.                                    
               An election of a corporation to be an S corporation under              
          sections 1361(a) and 1362(a)(1) must be complete, properly filed,           
          and made in accordance with regulations prescribed by the                   
          Secretary.  Sec. 1377(c); Pestcoe v. Commissioner, 40 T.C. 195,             
          197 (1963).  A corporation electing S corporation status must               
          file a properly completed Form 2553 containing the information              
          required by that form.  Sec. 1.1362-6, Income Tax Regs.                     




               4  Respondent’s determination is presumed to be correct and            
          petitioners bear the burden of proof on all issues in this case.            
          See Rule 142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933).           
          Petitioners do not contend that respondent bears the burden of              
          proof under sec. 7491(a).  However, respondent bears the burden             
          of production under sec. 7491(c) as to the accuracy-related                 
          penalty under sec. 6662(a).                                                 




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011