James O. Jondahl - Page 33

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              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).                                                                  




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