- 17 - deductions for their personal payments of the corporate employment taxes and interest thereon; the separate legal status of petitioners and their corporations requires that petitioners’ payments of the corporate employment tax expenses be treated as capital contributions to the corporations rather than as deductible payments by petitioners of their own expenses.7 A corporation generally is a separate taxable entity even if it has only one shareholder who exercises total control over its affairs. Moline Props., Inc. v. Commissioner, 319 U.S. 436, 439 (1943); Burnet v. Clark, 287 U.S. 410, 415 (1932). The business of a corporation is separate and distinct from the business of its shareholders. Deputy v. du Pont, 308 U.S. 488, 494 (1940); Crook v. Commissioner, 80 T.C. 27, 33 (1983), affd. without published opinion 747 F.2d 1463 (5th Cir. 1984). A taxpayer is free to adopt such organization for his affairs as he may choose; having elected to do business as a corporation, he must accept 7Under sec. 6672, the IRS can collect a portion of unpaid corporate employment taxes, namely the employees’ shares of Federal income and FICA taxes reported on Forms 941, from persons responsible for the nonpayment of these taxes. A “responsible person” has been deemed to include officers or employees of a corporation who are under a duty to collect, account for, or pay over the corporate employment taxes to the IRS. See Commonwealth Natl. Bank v. United States, 665 F.2d 743, 748 (5th Cir. 1982). There is no evidence in the record that respondent has made a claim of sec. 6672 liability against petitioners or that petitioners made payments of corporate employment taxes under sec. 6672. In any event we would have no jurisdiction to consider respondent’s assertion of any such claim. See Wilt v. Commissioner, 60 T.C. 977, 978 (1973).Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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