Paul A. and Marilyn J. Grothues - Page 17




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          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).                                      





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