- 3 - proprietorship. Petitioner argues that it qualifies under section 104(a)(2) because it is a “small, individually-owned ‘family business’ that has been incorporated for liability, insurance and perhaps tax purposes”. Petitioner’s objection is supported by the affidavit of Mr. Magaddino. We hold for respondent. Unless otherwise stated, section references are to the Internal Revenue Code in effect for the year in issue. Rule references are to the Tax Court Rules of Practice and Procedure. Dollar amounts are rounded to the nearest dollar. Background2 Petitioner is a corporation that was incorporated on August 2, 1947. It owns and operates a retail grocery store in San Leandro, California. When it petitioned the Court, its principal place of business was in Danville, California. On December 18, 1989, petitioner filed a lawsuit in the Superior Court of the State of California against the Defendants. The Complaint set forth six causes of action. The first cause alleged that some of the Defendants had breached their lease with petitioner by overcharging it $101,041. The Complaint prayed for return of this overcharge, as well as statutory attorney's fees 2 The “facts” presented in this Opinion are stated solely for purposes of deciding the motion and are not findings of fact for this case. Fed. R. Civ. P. 52(a); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994).Page: Previous 1 2 3 4 5 6 7 8 Next
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