Legal Opinion

Bone v. Commissioner

United States Tax Court

Decided September 8, 1969No. Docket Nos. 3750-67, 3751-67Published

Held, for a new corporation to be treated as an "electing small business corporation" for its first taxable period, its election under sec. 1372, I.R.C. 1954, must be filed no later than 1 month after it acquires assets or begins business operations. Such time is not postponed by reason of a delay in the corporation receiving authorization to issue stock.

1Opinion of the Court

Thos. E. Bone and Veronica S. Bone, Petitioners v. Commissioner of Internal Revenue, Respondent; Thos. E. Bone, Petitioner v. Commissioner of Internal Revenue, Respondent

Bone v. Commissioner

Docket Nos. 3750-67, 3751-67

United States Tax Court

52 T.C. 913; 1969 U.S. Tax Ct. LEXIS 63;

September 8, 1969, Filed

Decisions will be entered for the respondent.

Held, for a new corporation to be treated as an "electing small business corporation" for its first taxable period, its election under sec. 1372, I.R.C. 1954, must be filed no later than 1 month after it acquires assets or begins business…

2Cases cited12 opinions

  1. Moline Properties, Inc. v. CommissionerSupreme Court of the United States · 1943
  2. Rink v. CommissionerUnited States Tax Court · 1969
  3. Pestcoe v. CommissionerUnited States Tax Court · 1963
  4. Weigman v. CommissionerUnited States Tax Court · 1967
  5. Feldman v. CommissionerUnited States Tax Court · 1966

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