- 29 - business in a corporate form and chose not to file an election for S corporation treatment under section 1362. McGee Landscaping was held out as a corporation, and petitioner presented no evidence that McGee Landscaping was, in fact, petitioner’s alter ego. While a taxpayer may challenge the form of a transaction if necessary to avoid unjust results, we can find no injustice in characterizing McGee Landscaping as a corporation and not as a sole proprietorship or passthrough entity. See Spector v. Commissioner, 641 F.2d 376 (5th Cir. 1981), revg. 71 T.C. 1017 (1979). Indeed, the Supreme Court has established a general rule that the separate existence of a corporation is to be respected for tax purposes. See Moline Properties v. Commissioner, 319 U.S. 436 (1943). Petitioner was free to run McGee Landscaping as he saw fit and chose to operate it as a separate corporate entity. Petitioner simply cannot retrospectively disavow the form in which he chose to operate his landscaping business in order to obtain certain tax benefits. Petitioner has failed to present any evidence indicating that McGee Landscaping did not possess a separate existence. Accordingly, we decline to disregard the corporate form of McGee Landscaping. Therefore, the gains and losses of McGee Landscaping are not reportable on petitioner’s individual income tax return.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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