J. William Frentz v. Commissioner of Internal Revenue

ORDER.

Petitioners claimed as deductions in their 1960 income tax returns their pro rata shares of losses sustained by Ken-tuckiana Broadcasting, Inc., an electing small business corporation under Sub-chapter S of the Internal Revenue Code of 1954, during the fiscal year ending October 31, 1960. The required election in the name of Kentuckiana was filed by petitioners, along with their consent as shareholders, on November 30, 1959. Kentuckiana’s charter was issued by the State of Kentucky subsequent to the purported election, and respondent disallowed the claimed deductions. From an adverse…