James O. Jondahl - Page 24

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         Therefore, respondent bears the burden of proving that:  (1)                 
         Petitioner had unreported income in each of 1990, 1991, 1992, and            
         1993 of $3,000 by means of cash diverted from Taxman; (2)                    
         petitioner had unreported crop hail insurance commission income              
         in 1990 and 1991 of $12,882 and $3,142, respectively; (3)                    
         petitioner had unreported real estate commission income of                   
         $28,098, $9,276, and $69,540 in 1990, 1991, and 1993,                        
         respectively; and (4) petitioner is liable for self-employment               
         tax on his unreported commission income.  Petitioner bears the               
         burden of proof on the remaining adjustments.                                
         III.  Validity of Taxman and WFIC                                            
              Respondent first argues that petitioner used both Taxman and            
         WFIC as his alter egos and they should be disregarded for tax                
         purposes.  Essentially, respondent asks us to find that Taxman               
         and WFIC lack economic substance and are shams.  Respondent                  
         points to petitioner’s control over each corporation, his use of             
         corporate funds to pay personal expenses, and his inconsistent               
         representations of his positions in each corporation.  Petitioner            
         argues that he treated Taxman and WFIC as entities that were                 
         legally separate from himself.                                               
              Respondent does not argue that Taxman and WFIC were not                 
         properly organized under North Dakota law.  However, even though             
         a corporation is organized under the laws of a State, we may                 
         disregard it for Federal tax purposes if it is no more than a                






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