Timothy Dean Strong - Page 19

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          details:  (1) His filing status on that return was married filing           
          separate; (2) he claimed exemptions for his three children; (3)             
          he reported adjusted gross income of $8,867; (4) he claimed                 
          itemized deductions of $4,127; and (5) taxable income of zero.              
          The reported self-employment tax liability of $1,153 was not paid           
          until April 1992.  Mr. Strong did not file a Federal income tax             
          return for 1989.                                                            
          Respondent’s Income Determinations                                          
               Respondent determined in the notice of deficiency that SCC             
          was a taxable corporate entity and determined SCC’s net taxable             
          income in the years 1990-94.  These determinations are disputed             
          as to the status of SCC as a taxpayer, the gross income, and the            
          allowable expenses.  Respondent also determined in a separate               
          notice of deficiency that Mr. Strong received constructive                  
          dividend income in the full amount of SCC’s net income.  Both SCC           
          and Mr. Strong timely filed petitions with this Court.                      
                                       OPINION                                        
          I.  Is SCC A Taxable Entity?                                                
               SCC and Mr. Strong argue that SCC should be ignored for tax            
          purposes and was not a separate taxable entity apart from Mr.               
          Strong.  A corporation is a separate taxable entity if it was               
          formed for a business purpose and engaged in business activity.             
          See Moline Props., Inc. v. Commissioner, 319 U.S. 436, 439                  
          (1943); Strong v. Commissioner, 66 T.C. 12, 23-24 (1976), affd.             






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