- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8
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