- 8 - Only a minimal amount of business activity is required to meet the second prong of the Moline Properties, Inc. test. See Britt v. United States, 431 F.2d 227, 237 (5th Cir. 1970); Tomlinson v. Miles, 316 F.2d 710, 714 (5th Cir. 1963). We believe that the formation of petitioner was followed by business activity in the ordinary meaning. See National Investors Corp. v. Hoey, 144 F.2d 466, 468 (2d Cir. 1944). Petitioner's activity began with the adoption of bylaws, the election of officers and directors, and the issuance of stock. It included petitioner's buying and selling the property in question, securing an employer identification number, filing corporate Federal income tax returns, taking depreciation deductions on the hunting lodge, and reporting net income. Indeed, for most of the years in which petitioner filed Federal income tax returns, it reported having income.3 Under these circumstances, we find that petitioner was active enough to justify holding that it did engage in business. The absence of books and a bank account, and the failure to hold corporate meetings are not decisive on that question. See Paymer v. Commissioner, 150 F.2d 334, 336 (2d Cir. 1945), affg. in part and revg. in part a Memorandum Opinion of this Court dated Jan. 2, 1943. The decision to recognize or not to recognize the tax identity of a corporation depends upon what the corporation does, 3The record, however, contains no evidence as to the source of that income.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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