P & X Markets, Inc. - Page 8

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          not suffer a personal injury for purposes of section 104(a)(2).             
          We decline petitioner’s invitation to find a personal injury in             
          this case because it had only one shareholder.  In opting to                
          incorporate, petitioner assumed both the benefits and burdens of            
          the corporate form, and the Court will not ignore that form under           
          the facts herein.4  Moline Properties, Inc. v. Commissioner,                
          319 U.S. 436 (1943).                                                        
               We have considered all arguments made by petitioner for a              
          contrary holding and, to the extent not discussed above, have               
          found them to be without merit.  To reflect the foregoing,                  
                                                  An appropriate order                
                                             and decision will be entered.            














               4 We are mindful of Castner Garage, Ltd. v. Commissioner,              
          43 B.T.A. 1 (1940), in which the Board ruled that a similar                 
          revenue provision allowed the corporate taxpayers to exclude from           
          their gross income insurance payments which were received on                
          account of the sickness of an individual, who was their president           
          and majority shareholder.  We distinguish the Castner case from             
          the one at hand.  The payments in the Castner case were received            
          by corporations on account of sickness suffered by an individual.           




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