Robert Strong & Apgar Architects, PC - Page 8




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          the corporation’s outstanding stock.  If petitioner intended the            
          treasury shares to be included in the total shares of                       
          corporation stock listed on Schedule E, then it would have                  
          listed the percentages owned by Mr. Apgar and Mr. Oliver                    
          accordingly.  For example, petitioner alleges that the total                
          number of common stock shares was 344, with Mr. Apgar holding               
          122 shares, Mr. Oliver holding 50 shares, and each then owning              
          35.5 percent and 14.5 percent of the total shares, respectively.            
          Petitioner, however, did not indicate these ownership                       
          percentages on its Schedule E for either 2002 or 2003.                      
               Petitioner next argues that it indicated the percentages of            
          each officer’s stock ownership in relation to the other because             
          the directions attached to Schedule E require that it list “the             
          deductible part of each officer’s compensation”.  This argument,            
          however, has no relationship to the percentage of stock owned by            
          the officers but rather deals exclusively with the total                    
          compensation of officers as indicated on Schedule E, section                
          (f).  Accordingly, we cannot conclude that there is merit in any            
          of petitioner’s arguments with respect to its completed                     
          Schedules E.                                                                
               Petitioner next argues that the 172 shares of treasury                 
          stock should be factored into the ownership test as described in            
          section 448(d)(2)(B) and section 1.448-1T(e)(5)(i), Temporary               
          Income Tax Regs., 52 Fed. Reg. 22766 (June 16, 1987), as the                







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