- 22 - not conduct sufficient business activities to be recognized for Federal income tax purposes. Petitioner’s activities with respect to Real Services reveal many characteristics of an alter ego, such as: “the intermingling of corporate and personal funds, undercapitalization of the corporation, failure to observe corporate formalities such as the maintenance of separate books and records, failure to pay dividends, insolvency at the time of a transaction, siphoning off of funds by the dominant shareholder, and the inactivity of other officers and directors.” [LiButti v. United States, 107 F.3d 110, 119 (2d Cir. 1997) (quoting Bridgestone/Firestone, Inc. v. Recovery Credit Servs., Inc., 98 F.3d 13, 18 (2d Cir. 1996)).] Petitioner observed no meaningful distinction between her personal funds and those of her corporation. Although petitioner opened bank accounts in the name of Real Services, she siphoned funds from that account for personal expenses and gifts. On the other hand, petitioner wrote checks in her own name for transactions that she now alleges were those of Real Services. The record also reveals a number of checks made out to Real Services from petitioner’s escort service clients, but the evidence suggests that, in naming the payee, the clientele were only following petitioner’s wishes. There is no indication that Real Services was ever properly capitalized; to the contrary, it often appeared to be insolvent. Individuals such as John K. and Tammy M., who had made loans to petitioner operating as Real Services, reported that checks they received in repayment often were dishonored.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011