Joseph J. House - Page 14




                                       - 14 -                                         
               We first decide whether JJH should be disregarded for tax              
          purposes.  According to respondent, it should because it lacked             
          economic substance and is a sham.  We agree.  The burden of proof           
          is split in this case.  Petitioner has the burden of proof as to            
          the $77,550 in unreported income respondent determined in the               
          notice of deficiency.  See Rule 142(a).  Respondent has the                 
          burden of proof as to the $4,328 increase in unreported income6             
          and as to fraud.  See Rule 142(a) and (b).                                  
               There is no dispute that JJH was properly organized under              
          Illinois law.  However, even though a corporation is organized              
          under the laws of a State, we may disregard it for Federal tax              
          purposes if it is no more than a vehicle for tax avoidance and              
          void of a legitimate business purpose.  See Gregory v. Helvering,           
          293 U.S. 465 (1935); American Sav. Bank v. Commissioner, 56 T.C.            
          828, 838 (1971); Aldon Homes, Inc. v. Commissioner, 33 T.C. 582             
          (1959).  While a taxpayer is free to adopt the corporate form of            
          doing business, a corporation must engage in some meaningful                
          business activity to be recognized as a separate entity for tax             
          purposes.  See Moline Properties, Inc. v. Commissioner, 319 U.S.            
          436 (1943); Achiro v. Commissioner, 77 T.C. 881 (1981).  Avoiding           
          taxation is not a business activity.  See National Carbide Corp.            


               6On brief, respondent maintains that petitioner’s unreported           
          income was $81,879, leaving respondent with the burden of proof             
          on $4,328, the excess over the $77,550 determined in the notice             
          of deficiency.                                                              





Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011