- 15 -- 15 - II. OPINION A. Parties' Contentions and Background Respondent determined and contends that petitioners' police dog training business was incorporated on February 28, 1990, and that petitioners may not deduct its loss on a Schedule C for that year. The Commissioner's determination is presumed to be correct, and the taxpayer has the burden of proving otherwise. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 114 (1933). Petitioners contend that they may deduct the $159,426 loss from the police dog training business on their individual tax return because they intended it to be a sole proprietorship in 1990. Petitioners contend that we should disregard the incorporation of Rosewood Kennels, Inc., because they did not intend to incorporate it or operate it as a corporation in 1990 and did not know until October 1990 that Bischoff had incorporated it. State law governs whether a corporation is formed and governs the legal relationships that are established when an entity is formed. Stoody v. Commissioner, 66 T.C. 710, 716 (1976); Skarda v. Commissioner, 27 T.C. 137, 144 (1956), affd. 250 F.2d 429 (10th Cir. 1957); sec. 301.7701-1(c), Proced. & Admin. Regs. Federal law governs whether an entity is taxed, or disregarded, as a corporation. Burk-Waggoner Oil Association v. Hopkins, 269 U.S. 110 (1925); Carver v. United States; 188 Ct.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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