McClelland Farm Equipment Co., a Corporation v. United States

BRIGHT, Circuit Judge.

McClelland Farm Equipment Co. (McClel-land) appeals from the district court’s grant of summary judgment in favor of the Government denying McClelland’s tax refund claim. McClelland seeks recovery of taxes it paid when the Internal Revenue Service (IRS) disallowed, as prematurely filed, McClelland’s election for 1968 to be taxed as a small business corporation under Subchapter S of the Internal Revenue Code, 26 U.S.C. §§ 1371-1379 (1976). The district court concluded that McClelland’s election for 1968, which the IRS received approximately one month prior to the two-month…