- 21 - organized to carry on a business activity or if, in fact, it has carried on such activity. Moline Props., Inc. v. Commissioner, 319 U.S. 436 (1943). However, “in matters relating to the revenue, the corporate form may be disregarded where it is a sham or unreal. In such situations, the form is a bald and mischievous fiction.” Id. at 439. In the latter situation, the Government may not be required to acquiesce in the taxpayer’s election of that form for doing business which is most advantageous to him. The Government may look at actualities and upon determination that the form employed for doing business or carrying out the challenged tax event is unreal or a sham may sustain or disregard the effect of the fiction as best serves the purposes of the tax statute. See Higgins v. Smith, 308 U.S. 473, 477 (1940). Here, if Real Services operated merely as a sham or the alter ego of petitioner, its incorporation would have no impact on her Federal income tax liabilities. See G.M. Leasing Corp. v. United States, 429 U.S. 338, 350-351 (1977). The question before us, then, is whether Real Services “conducted the kind and amount of business activities to be a taxable entity.” Kimbrell v. Commissioner, 371 F.2d 897, 902 (5th Cir. 1967), affg. T.C. Memo. 1965-115. In this case, “Adopting a reasonable meaning of the Moline Properties’ guiding phrase,” id., we hold that Real Services didPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011