- 33 - Petitioner did not change any activity with respect to the crop hail insurance business, formally or informally, after he allegedly transferred the business to Taxman and WFIC, except that he deposited the income from the business, including the sale proceeds, into WFIC’s bank account. Petitioner’s deposits of insurance income into WFIC’s bank accounts, in the absence of any other proof that WFIC held the insurance business, do not prove that a transfer occurred. Petitioner alleges that he reported insurance commissions on Taxman’s and WFIC’s corporate returns, but he has not presented itemized lists of income for the corporations. In addition, petitioner’s failure to inform his insurance customers that he was acting on behalf of a corporation is a factor indicating that State law may not have afforded petitioner corporate liability protection. See Hilzendager v. Skwarok, 335 N.W.2d 768, 774 (N.D. 1983).8 Petitioner also argues that he should not be required to include the crop hail insurance sale proceeds in his personal income because an IRS audit of his 1987 individual return required him to remove certain deductions from his individual 8The parties stipulated that North Dakota law did not allow corporations to hold insurance licenses until 1995. Our analysis of North Dakota insurance law, however, revealed no such limitation. In any case, we do not consider this factor to be relevant to our determination. Cf. Jones v. Commissioner, 64 T.C. 1066 (1975) (holding that a court reporter’s assignment of income to her personal service corporation was invalid because State law did not allow corporations to perform court reporter services).Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011