- 10 - boat lease transactions that subjected him to the same kind of double taxation that is the basis for his complaint herein. On such returns, petitioner's corporation deducted only 80 percent of the lease payments it made to him (as required by section 274(n)), whereas petitioner reported as income on his individual return 100 percent of the lease payments, albeit reduced by the expense deductions associated with providing the boats. Thus, to the extent of 20 percent of the lease payments, there was no reduction in the passthrough income from his corporation to offset the lease income he reported in his individual capacity as a lessor. Apparently petitioner structured the transaction to produce, and was willing to accept, such double inclusion of income so long as its magnitude was exceeded by the otherwise unallowable deductions for the costs associated with the boats that he was able to deduct as a lessor. We believe petitioner's argument fails to take into account two basic principles. First, the separate existence of corporations is firmly established under the tax law. Moline Properties, Inc. v. Commissioner, 319 U.S. 436 (1943). Second, the business of a corporation--including that of an S corporation--is separate and distinct from that of its shareholders. Deputy v. duPont, 308 U.S. 488, 494 (1940); Durando v. United States, 70 F.3d 548, 551-552 n.9 (9th Cir. 1995); see Crook v. Commissioner, 80 T.C. 27, 32 (1983), affd.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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