- 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
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