MIAMI MIRROR TRUE REFLECTIONS

Page 1 of 2

5 November 2013
Michael Murawski, Advocate
MIAMI DADE COUNTY COMMISSION ON ETHICS AND PUBLIC TRUST
Press Inquiry: Does Commissioner Deede Weithorn have a Conflict of Interest?
Dear Sir:
Deede Weithorn, a commission for the City of Miami Beach and a certified public accountant employed
by a public accounting firm, signed the 2012 federal income tax return of Green Square, Inc., a
Subchapter S corporation whose manager and one-third partner is her brother-in-law, Victor Weithorn.
Green Square has held a periodically contract for the management of the citys tennis facilities for over a
decade.
Commissioner Weithorn has recused herself from public discussions and voting on the renewal of the
contract, asserting that she had obtained an opinion that to do so would not be prohibited by formal
ethical standards. I have not seen such an opinion, and understand that a relative may be a brother-in-
law by definition in certain ethical regulations.
Green Square has been negligent or willful in not filing the financial statements required by the contract
with the city, and the city negligent or willful in tolerating that and other breaches of the contract, to the
extent that the doctrine of laches implies that there is really is no contract with the city, but that the
documented and undocumented employees and officers of Green Square are in effect employees at will
of the city.
A commission meeting was held on 11 September 2014 to consider bids on the contract. Green Square
was 4
th
or last on the list of bidders, and its proposal was defective while the others were not defective.
All the bids were rejected as defective in what Commissioner Gngora characterized as a sneaky move
to keep the contract with Green Square on a month-to-month basis and then return to waive the
procurement process or rig it in favor of Green Square. Commissioner Exposito spuriously argued that all
the bids were defective, and his vote was crucial in effecting the rejection of all bids. He later said
(hearsay) that he cast his vote as he did because he was afraid that if he went against the Green Square
faction then Commissioner Weithorn would not endorse his candidacy for commissioner. He did not say
(hearsay) that he held her express proxy. She later acknowledged her endorsement of Commissioner
Exposito.
Now, then, Commissioner Weithorns behavior may very well have been ethical. She has already said
that even if she did not recuse herself from considering Green Square matters, she has an opinion that
her conduct would be ethical. Problematic here is her engagement as the contractors tax accountant,
and whether or not county and state law is prohibitive.
112.313 Standards of conduct for public officers, employees of agencies, and local
government attorneys.
MIAMI MIRROR TRUE REFLECTIONS

Page 2 of 2

(1) DEFINITION.As used in this section, unless the context otherwise requires, the
term public officer includes any person elected or appointed to hold office in any
agency, including any person serving on an advisory body.
(7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.
(a) No public officer or employee of an agency shall have or hold any employment or
contractual relationship with any business entity or any agency which is subject to the
regulation of, or is doing business with, an agency of which he or she is an officer or
employee, excluding those organizations and their officers who, when acting in their
official capacity, enter into or negotiate a collective bargaining contract with the state or
any municipality, county, or other political subdivision of the state; nor
Several members of the public have expressed an interest in the answer to the Question, as to whether
Commissioner Deede Weithorn has a conflict of interest in respect to Green Square, and they certainly
have a right to know. However, they refrain from asking the question of the authorities because they
fear retaliation from the authorities. I myself have been defamed and threatened with a SLAPP suit by a
high city official for simply asking questions and reporting his responses to same.
I ask the Question for the public as a member of the independent press, and hope you will consider it as
a Press Inquiry rather than a Complaint since I simply do not know the answer. You may very well
produce a previous opinion on the matter which I shall make available to the public.
Sincerely,
David Arthur Walters
Independent Journalist

Cc: Joe Centorino, Director
Attached
2012 Tax Return, Green Square, Inc.
DepartFlent mthe TI13aSW)'
Internal: ReY8I1ue 5eMce
U.S. Income Tax Return for an S Corporation
... Do not nle this form unless the has flied or Is
attaching Form 2553 to elect to 6. an S corporatJon.
... Information about Form 11208 and tt8 separl-te Instructions Is at wwwJrs.govlfonn1120s.

3
F c I ndar 2012
H Ched< if: (1) BFinal return (2) BName change (3) 0 Addres, change
(4) Amended retum (6) S election termination or revocation
I Enler the number of shareholders who were sharehokfers durfng any part of the tax year . . . . . . . . . . . . . . . . ....
or ae year or 8xyear tnnmg
en
A S elocllon 6fTectlve date Name o number
OS/24/2002
TYPlO
GREEN SOUARE INC 02-0548715
B Business acUYlly COde Number. street. and room or suite no. If a P.O. box, see Instructions. E Date Incorporated

OR
08/2412001
PRJNT
P.O. BOX 615
C Check it' Sen. M-3 City or town, state, and ZIP cooe F Totel assets (see Instructiona)
at"""ad
n
MTl'.MT I>O'''(",U
PI. "l"l'''lQ
$ 3 777
G Is the corporation electing to be an S corporation begInning with thIs
UVes LxJNo If "Yes." atlach Form 2553 if not already filed
Clutlon Include only trade or busIness Income and expenses on lines 1a through 21 See the instructions for more information
Fonn 11205 (2012)
1a Gross receIpts or sales
00
1. 706 366.
b Returns and allowances lb 6300
E
c Balance. Subtract line 1bfrom line 1a
o o.
1c
705 736.
2 Cost of sold (attach Form 1125-A) 2
91 949.
0
o.
"
3 Gross profit. Subtract Une 2 from line 1c. 3
613 787.

. o . .
4 Net gain (Io.s) from Form 4797, line 17 (aUach Fonn 4797) . 4
5 Other Income (loss) (see Instructions - attach statement)
..
5
6 Total Income !loss\. Add line. 3throuoh 5 o. o' 6
613 787.
7 Compensation of officers .
. . o .
.
7
;n
Salaries and wages (leas emptoyment Cfedlts) .
8
56 034.
c
8
0
o . .
.
..
9 Repairs and maintenance 9
3 783.
'"
,
10 Bad debts
.. .. .
10
,g
11 Rents 11
47.992.

..

12 Taxes and licenses

).
12 32 720.
o
13 Interest
. . ..
.
13
5 633.
'"
14 Depreciation not claimed on Form 1125-A or elsewhere on relum (attach Form 4562).
14
'"
.
."
Depletion (Do not deduct oU and gaa depkrtion.)
16
"
16 ..
"
AdvertisIng
16 429.
16
. . o . .
:!! 17 Pension, profit-sharing, etc., plans.
17
0
.
;0
18 Employee benefit programs.
18
"

454
"
19 Other deduction, (attach statement) Sl!:l!:. :l.
19 459
'"
"
20 Total deductions. Add lines 7 through 19..........
20
601 050.
e
.
21 Ordinary buslno" fncome {loss). Subtract line 20 from line 8 .. 21
12 737.
2;: iii EAcess net pasiilvt1 Im:mma Di i&cr.pi'Ui& tax (5ce .
lZe.
b Tax from Schedule D (Form 11208) 22bl
. .
122c
J!l
c Add lines 22a and 22b (see instructions for additional taxes).
. . ..
c
..
23 a 2012 estimated tax payments and 2011 overpayment credited to 2012 23a
E
-.
,..
b Tax deposited with Form 7004 , - 23b
-' -
..
ll.
c Credit for federal tax paid on fuels (attach Form 4135) . 23
'"
. .
c
d Add lines 23a through 23c .
. . 3d
..

)(
24 Estimated tax penalty (see Instructions). Check if Form 2220 is attached . ..........
24
.. .
...
26
Amount owed. If line 23d tolal of line' 22c and 24, enter amount owed..
26
26 Overpayment If line 23d Is large otal of lines 22c and 24, enter amount overpaid .
26
27 Enter amount from line 26 Cr 13 estimated tax .... M.efunded .... 27
Under pana:tIes or perjury, tV.h8:\'9 axamined this Tatum, Indudhg accompanying achedules artd statements. Blld to the bas! or my knowledge and belief, " is true,
Sign
"'rr.... """ 1",,,,01) I. b",""" ," 01 w,,'" pmp.... ""' on, "owl__
I May the IRS liscusa this retuon wllh
Hem Al\..' PRESIDENT th' (...
Date TIUe X V'" No
'" e preparer'a nama rrenCi.lLature
I
I
r
nN
Paid EEDE WEITHORN lL qp
self-employed
P00388522
Preparer Firm'" name .. BERKOWITZ PO:CLACK BRANT LLP IF""". EIN .09-2742314
Use Only 200 S. BISCAYNE BLVD. , SIXTH FLOOR ' -
addteo... MIAMI
FL 33131
379-7000
For Paperwork Reduction Act Notice, see 8eparate tnstruellons.
J'A
2C1410 2.000
68903U 3307 02/25/2013 21:03:09 V12-3.1F 02-0548715
Name of Corportltlon
QI) Employer Identification Number
(If ,"vi
(Ill) Country of
Incorporation
(tv) Percentage of StOOl<
Owned
(v) If Percentage/n (Iv) Is 100%, Enter the
Date (if any) 8 Qualified Subchapter S
Subllidiary E\action Was Made
>:"'!'c.,":
b Own directly an interest of 20% or more, or own, directly or indirectly, an interest of 50% or more in the profit, loss, or ':<;}; '
capital In any foreign or domestic partnership (Including an entny treated as a pertnershlp) or In the beneficial Interest -' ,"
of a trust? For rulas of constructive ownershio. see instructions. If ''Yes'' comolete (I) throuQh (v below . . . . . . X
(iJ) Employer Identification Numbe. (IV) Country of {v} Maximum Percentage Owned In Profit,
(I) Name of Entity (If any) (ftI) Type cI Entity Orgmlzetion LOllS, or Capital
X
9
10
5a At the end of the tax year, did the corporation have any outstanding shares of resl1icted stock? . X
If "Yes," complete lines (i) and (II) below. I:,:.' .::::1:';:.
(i) Total shares of restricted stock. --------------------------------14:jl,P:.
(il) Total shares of non-restricted stock . . .
b At the end of the tax year, did the corporetlon have any outslanding stock options, warrants, or similar instruments? X
If "Yes." complete lines (i) and (Ii) ;''Y.':
(i) Tolal shares of stock outstanding at the end of the lax year 'JiY '0/-;4
(ii) Total shares of stock outstanding If all instruments were executed ..
6 Has this corporation filed, or is It reqUired to file, Form 8918. Material Advisor Disclosure Statement, to provide
informetion on any reportable Iransactlon? . . . . . . . . . . . . . . . . , ... , . . . . . . X
7 Check this box if the corporation issued publicly offered debt Instruments with original Issue discount .. 0
If checked, the corporation may have to file Form 8281, Information Retum for Publicly Offered Original Issue Dis. i:!.,C';:.>;
count Instruments. :'::.' ';''";
8 If the corporation: (a) was a C corporation before it elected to be an S corporation or the corporation acquired an ....;.. ' ' ..
asset with a basis determined by reference to the basis of the asset (or the basis of any other property) in ..:.i_ .. ...
the hands of e C corporetion and (b) has net unrealized bulltln gain in excess of the net recognized builtln gain >;.' .
:y$ r:v::::.'
Enter the accumulated earnings and profits of the corporation at the end of the lax year, $ :/.::;' ,:'::'-
Does the corporation satisfy both of the following condttions? ' ,',:' ..::"'f'-
a The corporation's total receipts (see instructions) tor the tax year were less than $250,000 . . :. '.: ,'" .
b The corporation'S total assets at the end of the tax yaar were less than 5250,000 . . X
If "Yes," the corporation Is not required to complete Schedules l and M1, ",.' ,,'.-:
11 During the tax year, did the corporation have any non-shareholder debt that was canceled, was forgiven, or had the
terms modified so as to reduce the principal amount of the debt? . . . . . . . . . .
If "Yes," enter the amount of principal reducllon $ ---------------------------------------------I-'-";:.,.""i'---
12 During the tax year, was a qualified subchapter S SUbsidiary election terminated Of revoked? If "Yes," see instructions. i'--_I-'X,,-
13a Old the corporation make eny payments In 2012 that would require It to file Form(s) 1099? X
b If "Yes" did the corooration file or will it file all reouired Forms 10997. X
Form 1120$ (2012)
JSA
2C1420 2.000
68903U 3307 02/25/2013 21:03:09 V12-3.1F 02-0548715
.--.
GREEN u02=-0_5A.8-7-.1;)..5 _
Page 3
.
Shareholders' Pro Rata Share Items Total amount
1 Ordinary business Income (loss) (page 1, line 21) 1 12 737.
2 Net renlal real estate Incane (loss) (attach Foon 8825) ,
:i
2
3 a Other gross rental income (loss)
.
b E><penses from other rental actMties (attach statement)_ 13b I
c Other net rental Income (losS). SUbtract line 3b from line 3a. 3.
j
4 Interest lncane 4
::!.
5 Dlvldends: a' Ordinary dividends .
TT
.a
"
b Qualified dividends
E
6b
Q
6 Royalties. 6
" .E 7 Net short-term capital gain (loss) (attach SChedule 0 (Fam 1120S)).
. .

7
8a Net longlerm capital gain (loss) (attach Schedule D (Form ,1208) .
-
8a
b Collectibles (28%) galn (loss). . . . . . 8b
..
-

Unrecaptured section 1250 gaIn (attach statement),

I 8e
S Net section 1231 galn (loss) (Btiach Form 4797) 9
10 Other Incane (loss) (see InstrtJotions). TVila 10

11 Section 179 deduction (attach Form 4562). 11

c
128 Charitable confributions 128
0
. .

. . . . .

.
'Ii
b Investment interest 9Jq)eOse.
12b ,
" section 59(e)(2) expendlures
(1) Type _______________________ (2)Amount

12.(2) $
c
d Other deductions (see Instructions) .Type 12d
138 Lowlncome housing cre<!lt (sectI0l142())(5))
138
b Lowlncome housIng credit (other).
13b
!!
e Qualified rehablJltation expenditures (rentat real estate) (attach Form 3468)
13.
...
d Other rental re.1 est.te cre<!lts (s.. Instructions)
Type ______________________
13d
!!
u

Other rental credits (see instructions)

Type ______________________
13.
.
I A/cohol and cellUlosic blofuel fuels credit (attach Form 6478),
131
9 Other credits (see Instructionsl.
Type,- 13g
148
Name of country or U.S. possession ...___________________________________
I'":' '.:, ...
b Gross Income from all sources 14b

Gross Income sourced at sharehotder level 14.

Foreign gross income sourced at corporate level
d Passive category
14d

l!

General category ,
14.
0
,
Other (atlach slalement) 141
.,
. .
u
Deductlons arrocated and apportioned at shareholder Jewl
.c:
l!
e
9
Interest expense 14g
..
c
h Other.
14h
.!!'
.
! Deductions allocated and apportioned at corporate level to fOfetgo souice Income
.. ,
0
...
I Passive category 141
J
General category .

14J
k Other (attach statement)
.
14k
Other Informatlon
I Tot.1 foreign (axes (check one): o Accrued
.
141
m Reduction In taxes avallabfe for credit (aUach statement) .
.
14m
n Other forefgn tax information (attach statement) ":::-:i
15. Post-1986 dept"ecJaliion adjustment
.
15.
"
b Adjusted gain or loss
15b

.
eJ
e Depletion (other than oil and gas)

15.

d 011, gas, and geothermal properties gross Income,
16d
"1(.0(
"'-
all, gas, and geothermal properties - deductions
158
I Other AMT items (attach statement) 161
..
168 Taxexempt Intere8t Income.

18a
c
...
b Other lax-exempt Income .
16b

.. c Nondeductible expenses
16

d DIstributions (attach statement if requwed) (see
16d

Repayment of loans trom sharehoJders. 160

Form 11205 (2012)
JSA
2C1430 2.000
68903U 3307 02/25/2013 21:03:09 V12-3.1F 02-0548715

Total amount
GREEN .. ,o.2=0.5AB_7-l.S
p"",,4
Shareholders' Pro Rata Share Items (continued)
Form 1120'S (2012)

17 a Investment Income
b Investment expenses
e Dividend distributions paid from accumulated aamlngs and profits
d Other Items and amounts (attach statement)
18 Income/loss reconciliation. Combine the amounts on lines 1 through 10 In the far rIght
column. From the result, subtract the sum of the amounts on lines 11 through 12d and 141
17a
17b
17e
18
12 737.
3 777.
'.''''
.
,
NONE
75 SOO.
End of tax year
. "r' 1_S_3_
0
-l,"'.
Ca""
2.
21
28 Trade notes and acoounlB recelvable.
b Less allowance for bad debts
3 inventories
4 U.S. government obligations
6 Tax-exempt securities (S69lnstruetklnsj
6 Olnar CUmflt (atlaC:h llIalamenl). I _
7 Loans to sharuholders.
8 Mortgage and real estate loans"
9 Other Investments (attach statement)
108 Bulldingsandolhsrdepreclablaessats. r.--- .,-jl. .- t . <://-.;:/:-.: .-.>:::...
b Lest accumulated depreciation. __17'":'7-77-.,,_
11a Depletablessssts. f-:
r
-,1, -; ._ f -., ..,.. f-;------------;-i .. ..::.. .- '.;;',:Cjy-;>:,
b Le eceumuleted deplellcn i ( )
12 Land (net of any amortilatlon) , :. - <--::. .. :- -, __- __
13 a IntangIble assets (amortizablE! only) f-;------------;-ll ,:-. - ...>
b Less accumulated amortization l _
:: .. 1-------=1-S=-=3"O:-l.. .' - __ - .>,::,-.' '<_J-------;;.._;;-;:;-;:;--
Uablllttee end Sh""holde.. Equity . , ..-: :,. __._._._._._._.__. _._.--i: ;."..".;........, ..-,t.":":;.] >
I: C.. ' .,,, f-
L
..
Ie then 1 year ::..-.: : <' ;. .. ::J'.. .. ..
18 Olher current C:'.:<:.::';'L::"':2:!;'.. :..''.0': 82
3
' 8 "O:\({ "'r.';;;Z:i,
19 Loans from shareholders: '.,: ?'}"/..; ">;
20 Mortoagea. noles. bond. payable In ;.. ".," '''';:,,-';;2
1
'-".. : .:,
1 yeeror mo",. '.'C:.::/"'''' ,;', ;.,.,>
'. 3 000.
23 Add"onal p.,dln capital. . ...::.:,<''',;::, :;.': 12 000 '.'.'.>..<""" jjix:m.. 12 000,
24 R.I.'ned .amlng. .. - 99 460, .. -...;8,,-,,6,,-, .7,-,2",3,,-,-,
26 Adjustments fosharehOtderll' .... ..
equity (.ach .totement) . . I-:----------:J .....:" f-;(---------;')
less cost of treasury stoc:k .". . ':, :'. ( ._' ::-:.:..
Tcle,/lItlbHIt!&38lld&herel101ders'equly. 1 530. ,. - --., 3 777.
Form 11205 (2C12)
JSA
2Ci<14U :;woo
68903U 3307 02/25/2013 21:03:09 V12-3.1F 02-054871S
...............
Fonn 11205 (2012)
mmmD Reconciliation of Income (Loss) per Books With Income (Loss) per Return
Note Schedule M-3 required instead of Schedule M-1 if total assets are $10 million or more - see Instructions
GREEN SQUARE 02-0548715
Pag.5
AnalysIs of Accumulated Adjustments Account, Other Adjustments Account, and Shareholders
Undistributed Taxable Income Previously Taxed (see instructions)
1 Net Income (Iou) per bookI 12 737. 6 Income
'""""'..
on
-
this year not included
2 Incetne Induded on $c:hedlAe K. inN 1. 2, 3c.. 4, on Schedule Klioos 1 through 10 (itemize}:
6e. 6. 7. 68. 9, a'ld 10, not recon:ted on boc*5 L"lIs
a Tax-oxemptintere&t $ ________________

----------------------------
3 Ellpenaes recorded on bOOks this year not

Deductlono lnduded on Schedule K,
Include6 on Sc.'ledule K, I1ne. 1 through 12
linea 1 through 12 and 141, not charged
and 141 (Itemtze):
aoalnSl book income lhls y... (Itemize):

Depreciation $ ______________
a DeprecIation $ ____________________
b
Travel and entertaInment $________
----------------------------
----------------------
7 Add linea 5 and 6
4 Add flnea 1 through 3.
12 737

Income (lOBS) (Schedufe K,lIne 18). Une4 los& Iina 7
12 737.
Schedule M-2
.
(a) Accumulated
adjustments aceotInt
(b) Other adJuatme.,ts
account
(e) Sharenoklers' undlst1buted
taxable Income previously taxed
-86
1 Balance at beginning of tax year
2 Ordinary Income from page 1, fine 21
3 Other addlions
4 Loss from page 1, Ilne21
6 Other reductions. .
6 Combine Ilnes 11tlrough 5
7 Olstributlons olher fIlan dividend dlstributlons
8 Balance al end of tax year. Subtrect line 7 from Hne 6
-99 460.
f- --"'1.. :.'.-:.., .. , 2
foo:
723.
Fonn 1120S (2012)
'SA
2C1<1W 1.000
68903U 3307 02/25/2013 21:03:09 V12-3.1F 02-0548715
Form n-ZS:-A
Cost of Goods Sold
(Rev. DOc6mber2012)
OMS No.
Departm&nt of the Treasury
Attach to Form 1120. 1120C, 1120F, 11208, 1065, or 1065B.
Internal Revenue Sef\lice "Information about Form 1125.A and its Instructions Is at www.lrs.govHorm1126a.
Nam.
Employer kftnQftcation number
GREEN SOOARE INC. 02-0548715
1 Inventory at begInning of year
. . ... . .
..
. .
. . ..
1 1 530.
2 Purchases ...
. . . .
2
4n 7
01
3
Cost of labor.
.
..
. .
. . .
3
4 Additional section 26:lA costs (attach schedu",).
. ..
...
. . .
4
5 Other costs (BltllC/1 schedule) .
. . . . . . . . .
..
'sEE. Sl'I\l'EtolENl' . .3.
5
51
6 Tolal. Add IInas 1 through 5 . . . ................
6 93 479.
7 Inventory at end of yea-
................. . ................
7
1 .
8 Cost of goods 'old. Subtract line 7 from line 6. Enter here and on Form 1120, page 1, line 2 or the
appropnate line of your tax return (see Instructions) ... . . . ................
8 91 949.
9a Check all methodS used for valuing closing InventOlY
(0 (1q Cost
(6) tj lower ot cosl a market
(iTO other (Speclty method used and attach BJqllanBtlon) ------------------------------------------a---
b Check If there was a wrltedown of subnormal goods. . . . . . . . . . . . . . . . . . . . . ....
c Check If the LIFO Inventory method wss adopted thiS tsx year for eny goods (If <hacked. ettach Form 970). . . . .,.
d If the LIFO inventory method was used for this tax year, enter amount of closing Inventory computed
under LIFO................. LJ!.9d!!...J__,--r-__---,_,-_
If property Is produced or scqutred for resale. do tha rules of section 26:lA apply to the entity (see Instructions)? .
f 0 Yes CiJ No
Section references are to the lntemal
Revenue Code unless otherwise noted.
General Instructions
Purpose of Form
Use Form 1125-A\0 calculate and deduct
cost of goods sold for certain entities.
Who Must File
Filers of Form 1120. 1120-C. 1120-F.
11205, 1065, or 1065-B, must complete
and sttach Form 1125-A if the applicable
entity reports a deduction for cost of goods
sold.
Inventories
Generally. inventories are required at the
beginning and end of each tax year If the
production, purchase, or sale 01
merchandise Is an income-producing
factor. See Regulations section 1.471-1. If
inventories are reqUired, you generalfy
musl use an accrual method of accounting
for sales and purchases of inventory Items.
Excaptlon for certain taxpayers. If you
are s qualifying taxpayer or a qualifying
small business taxpayer (de1lned below).
you can adopt or change your accounting
method to sccount for Inventorlable items
in the same manner as malerlals and
supplies that are not Incidental.
Under this accounting method. inventory
costs for raw materials purchased for use
in producing finished goods and
merchandise purchased for resale are
deductible in the year the finished goods or
merchendise are sold (but not before the
year you paid 10r the raw materials or
merchandise, if you are also using the cash
method).
If you account for inventoriable items in
the same manner as materials and supplies
that are not Incidental. you can currentlY
deduct expenditures for direct labor and all
indirect costs that would otherwise be
Included in inventory costs. See the
Instructions fOi lines 2 and 7.
For additional guidance on this method
of accounting. see Pub. 538. Accounting
Periods and Methods. For guidance on
adopting or changing to this method of
accounting, see Form 3115. Application for
Change In Accounting Method, and Its
Instructions.
Qualifying llJxpayer. A qualifying
taxpayer is e taxpayer that. (a) for each
prior tax year ending after December 16.
1998, has average annual gross receipts of
$1 million or less for the 3 prior tax years
and (b) its bus/nes.1s not a tax (as
defined In section 448(d)(3)). See Rev.
Proc. 2001-10. 20012I.R.B. 272.
Qualifyingsmall business taxpayer. A
qualifying small business taxpayer Is a
taxpayer that, (a) for each prior tax year
ending on or after Decamber 31. 2000, has
average annual gross receipts of $10
million or lesa for the 3 prior tax years. (b)
whose principal business activity is not an
Ineligible activity. and (c) whose business Is
not a tax shelter (as defined in section 446
(d)(3. See Rev. Proc. 2002-28, 2002-18.
I.R.S. 815.
Uniform capitalization rules. The uniform
capitalization rules of section 263A
generally require you to capitalize. or
Include In Inventory. certain costs incurred
in connection with the following.
The produclion of real property snd
tangible personal property held in Inventory
or heid ior sale in the ordinary course of
business.
Real property or personal property
(tangible and Intangible) acquired for resale.
The production of real property and
tangible personal property by a corporation
for use in its trade or business or In an
activity engaged in for profrt.
See the discussion on section 263A
uniform capitalization rules in the
instructions for your tax return before
completing Form 1125-A. Also see
Regulations sections 1.263A-1 through
1.263A-3. See Regulations section
1.263A-4 for rules for property produced In
a farming business.
For Paperwork ReductIon Act Notice. see Instructlons.
JSA
2X40122.ooo
689030 3307 02/25/2013 21:03:09 V12-3.1F
Form 1125A (12-2012)
02-0548715