- 9 - [The corporation] appears to have existed * * * as a mere set of bookkeeping entries and bank accounts. It did not enter into any arrangements to provide the service of its “employees” to any of the institutions, doctors, etc., for whom * * * [the shareholder/doctors] provided services. It did not own any equipment, incur any debts for rent, office or medical supplies or services, or for salaries, except for the salaries of the * * * [shareholder/doctors]. The only “shared” expense, i.e., the only expense which was incurred jointly by the * * * [shareholder/doctors] was $45 a month for the time * * * [the] office secretary devoted to maintaining records of income and expenses received and paid by * * * [the corporation]. The maintenance of these records for tax purposes appears to be the only real business activity engaged in by the corporation. * * * [Roubik v. Commissioner, supra at 379.] If anything, this case is the antithesis of both lines of cases. There is no evidence that Dr. Katz and petitioner intended that the corporation’s role was that of an agent for Dr. Katz. Furthermore, petitioner was not the “shell” corporation as in Roubik v. Commissioner, supra, that provided no services. The corporation maintained its own bank account, separate from the accounts of Dr. and Mrs. Katz. It bought and put into service equipment and claimed tax deductions resulting from equipment that Dr. Katz used in performing services for the corporation.5 It had employees (other than Dr. Katz) who aided and assisted in the services provided and paid employment taxes on and for these employees. It prepared bills and collected payments for the services rendered by the corporation. Under these circumstances the corporate identity, vis-�-vis Dr. Katz, cannot be ignored. 5 See petitioner’s 1996 corporate return that shows the purchase of a panoramic x-ray machine.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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