- 10 - Petitioner formed Spirit Horse Ranch as a New Mexico corporation in 1986, and it continued to exist throughout all of the years in issue. That entity owned real property, maintained bank accounts in its name, and conducted a business activity for profit. All of these factors indicate that Spirit Horse Ranch was not a sham and had a business purpose as well as a substantive business activity. Higgins v. Smith, supra. It is evident that petitioner did not dissolve Spirit Horse Ranch pursuant to New Mexico law. She never filed a statement of intent to dissolve the corporation even though she may have desired no longer to use its form. To be sure, she admitted that she knew how to dissolve corporations and that she needed to do so. Further, petitioner's failure to comply with the filing of biennial State franchise tax reports following the formation of a corporation does not cause the corporation's automatic cessation. "[S]uch non-compliance in the absence of * * * [a State forfeiture] proceeding does not in anywise affect the legal existence of the corporation." Skarda v. Commissioner, 250 F.2d 429, 435 (10th Cir. 1957), affg. 27 T.C. 137 (1956). Finally, it is clear that petitioner did not transfer the business assets of Spirit Horse Ranch to another entity. Spirit Horse Ranch retained the real property (underlying land, improvements, and mobile homes) and the bank accounts during the years in issue. See Weigman v. Commissioner, 47 T.C. 596 (1967),Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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