Harold Wapnick - Page 16




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          C.   Whether Petitioner Had Unreported Income in the Amounts                
               Determined by Respondent                                               
               1.   Bank and U.S. Treasury Note Interest, Capital Gains,              
                    and Check Cashing Income                                          
               Petitioner does not dispute respondent’s determination of              
          the amounts of the bank interest, Treasury note interest, capital           
          gains, and check cashing income.  Instead, he disputes to whom it           
          is taxable.  Petitioner contends that the unreported interest,              
          capital gains, and check cashing income are taxable to the                  
          13 corporations.  Petitioner contends that interest and capital             
          gains earned with respect to the U.S. Treasury notes are taxable            
          to 2 of those 13 corporations; namely, Poodle Trans. Corp. and              
          Big John Cab Corp.  We disagree.                                            
               A corporation is recognized for Federal income tax purposes            
          if it was formed for a legitimate business purpose, or, if after            
          formation, it conducted legitimate business.  Moline Props., Inc.           
          v. Commissioner, 319 U.S. 436, 438-439 (1943); United States v.             
          Wapnick, 60 F.3d 948, 955 n.3 (2d Cir. 1995); Natl. Investors               
          Corp. v. Hoey, 144 F.2d 466, 468 (2d Cir. 1944).  However, a                
          corporation is disregarded for Federal income tax purposes if its           
          owners “move their own funds in and out of a corporate account              
          without any regard for which funds belong to the corporation and            
          which belong personally to the corporation’s owners”.  United               
          States v. Wapnick, supra (holding that this statement of law was            








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