- 7 - those forms, and section 530 relief would not be available. See Western Management, Inc. v. United States, 45 Fed. Cl. 543, 553- 554 (2000); see also General Inv. Corp. v. United States, 823 F.2d 337, 341 (9th Cir. 1987); Pariani v. Commissioner, T.C. Memo. 1997-427. Petitioner’s guiding argument is relatively simple and may be stated as follows. If petitioner is not recognized as an corporate entity for tax purposes, it was not required to file Forms 1099, and Dr. Katz, then operating as a sole proprietorship, would not have been an employee. Dr. Katz, therefore, would not be an employee of his own proprietorship. We turn to that question. 2. The Corporate Entity As a general rule, a corporation is recognized as a distinct taxable entity from its shareholders even though it has only one shareholder who exercises total control over its affairs. Moline Properties, Inc. v. Commissioner, 319 U.S. 436 (1943). This recognition extends to corporations formed to perform personal services rendered by its shareholders. Keller v. Commissioner, 77 T.C. 1014 (1981), affd. 723 F.2d 58 (10th Cir. 1983).4 There are, however, situations where the corporate entity will be 4 The decision in Keller v. Commissioner, 77 T.C. 1014 (1981), affd. 723 F.2d 58 (10th Cir. 1983), turns on an allocation of income under sec. 482. For there to be a sec. 482 allocation, however, there must be two or more recognizable entities.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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