- 4 - Missouri on June 14, 1999, for failure to file its annual registration report.4 Another corporation bearing the name of Omnitec Corp. was incorporated in the State of Nevada on July 12, 2000. The corporation was organized sometime earlier; however, the articles of incorporation were not filed with the State of Nevada until July 12, 2000. This corporation qualified to do business in Missouri on July 2, 2003. This corporation is referred to as Omnitec Nevada. See supra note 3. The third corporation, referred to above, L.V. Properties, Inc., was organized on July 28, 1986, by Leland V. Lammert, the incorporator of Omnitec Missouri and Omnitec Nevada. See supra note 3. There was one trade or business activity that gave rise to the income in dispute in this litigation. The basic and fundamental issue, as framed by the parties, is which of the two corporations, Omnitec Missouri or Omnitec Nevada, conducted the activity in question and, therefore, is liable for Federal income taxes on such income. In the notice of deficiency, respondent 4Under Missouri law, an administratively dissolved corporation continues its corporate existence in order to wind up its affairs. Mo. Rev. Stat. sec. 351.486.3 (1990). In Starvest U.S., Inc. v. Commissioner, T.C. Memo. 1999-314, this Court held that a dissolved corporation under Florida law continued its corporate existence indefinitely to litigate matters affecting the corporation. In this case, neither party raised objection to the institution of this case by Omnitec to challenge respondent’s deficiency determination.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011