- 7 - State corporate charter possesses the attributes of a corporation so as to be treated as one for Federal tax purposes. In this case, however, we have before us an incorporated entity wishing to disavow that form. We shall not disregard a corporation for Federal tax purposes if either (1) the corporation was formed for business purposes, or (2) its creation is followed by the carrying on of business activity. See Moline Properties, Inc. v. Commissioner, 319 U.S. 436 (1943). Petitioner's tax existence under Federal law is established if either test is satisfied. See Carver v. United States, supra at 236. Rarely is a corporation's tax identity ignored, unless it is a sham. See Bennett Paper Corp. v. Commissioner, 699 F.2d 450, 452 (8th Cir. 1983), affg. 78 T.C. 458 (1982); Strong v. Commissioner, 66 T.C. 12, 22 (1976), affd. without published opinion 553 F.2d 94 (2d Cir. 1977). Hooper and Chamblee argue that petitioner conducted no business activity--that it merely held naked record title to the property and therefore it "never [was] a business venture". We disagree and find, under the second part of the Moline Properties, Inc. test, that petitioner actually engaged in business.2 2We offer no opinion as to whether the first part of the test under Moline Properties, Inc. v. Commissioner, 319 U.S. 436 (1943), is also satisfied.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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