- 13 - contradicted by the documentary evidence in the record. See Niedringhaus v. Commissioner, 99 T.C. 202, 212 (1992). In their brief, petitioners argue that Navis was just one of many “ventures” operated by petitioner, and that Navis “remained dormant and was only used for interacting with potential partners”, with the purpose of being available as a corporate entity for any one of petitioner’s ventures should the need arise. However, the documentary evidence demonstrates that the correspondence that was sent and received under Navis’s name refers to various products or proposals offered by Navis; these products or proposals have the same names as what petitioners assert were separate business ventures. We conclude that Navis itself was offering these products or proposals as a part of its business activities. Petitioners further argue: Despite respondent’s contention * * * that petitioner “states, however, that Navis was nothing more than a ‘shell corporation,’ and was not a separate entity from Dale Sundby, sole proprietor,” petitioner never made that statement. In fact, petitioner stated the opposite, that he was CEO of Navis, a separate entity from the sole proprietorship. As CEO of Navis, it was not inappropriate for the petitioner to hold himself out as such. Using Navis provided for legitimacy in signing agreements with other corporations. Petitioner had no obligation to disclose to any of these parties that Navis had not yet received a transfer of any intellectual property * * * from the sole proprietorship, had no checking account, etc. Because we have found that Navis rather than petitioner was carrying on the trade or business, petitioners’ distinction is one without a difference. If petitioners argue that Navis was aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011