- 7 - of the taxpayers, or the purpose of creating the corporation was not a business purpose. See Commissioner v. Bollinger, 485 U.S. 340, 344-347 (1988). None of these exceptions apply here. In Skarda v. Commissioner, 27 T.C. 137 (1956), affd. 250 F.2d 429 (10th Cir. 1957), a taxpayer claimed that a corporation, which had previously been operated as a partnership, should be disregarded because no corporate activities such as shareholder meetings, adoption of bylaws, elections of officers, preparation of minutes, issuance of stock, or transfers of title to property by the partnership to the corporation had ever occurred. The taxpayer had filed articles of incorporation, and a certificate of incorporation was issued. The business activity of the corporation was limited to the publication of a newspaper, maintenance of a checking account, setting up books that reflected a capital stock account, the receipt of supplies, and the extension of credit. This Court concluded that, even though corporate formalities were not adhered to, the entity held itself out to the public as a corporation and conducted some business in the ordinary meaning. See id. at 145. Therefore, the corporate entity could not be disregarded. In Doe v. Commissioner, T.C. Memo. 1993-543, affd. in part and revd. in part on other grounds 116 F.3d 1489 (10th Cir. 1997), taxpayers, who owned stock in a corporation that managed a bar and bowling alley, sought to disregard their S corporationPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011