- 9 - Discussion The first issue is whether the business activity described was the activity of Omnitec Missouri, as respondent contends, or the activity of Omnitec Nevada, as petitioner contends. Respondent determined that the taxpayer was Omnitec Missouri, and the notice of deficiency was issued to Omnitec Missouri. The Court sustains that finding. The record shows that Omnitec Missouri was actively engaged in a trade or business activity. The bank statements offered into evidence support such a conclusion as well as the invoices to customers or clients who were provided services by Omnitec, Inc., which was based in St. Louis, Missouri, including the testimony of the two witnesses at trial who were called by Mr. Lammert. There was a Web site for Omnitec, Inc., which listed a St. Louis, Missouri, address, with no indication of any other Omnitec Corp. at some other location. The statements, bills, and invoices that were issued by Omnitec also provided the same information. It is very clear to the Court, on the record presented, that the business that held itself out to the general public and its patrons as Omnitec, Inc., was Omnitec Missouri. Moreover, Omnitec Missouri was the corporation engaged in the trade or business activity that was described at trial, and there is no evidence to support the contention that the activity in question was that of Omnitec Nevada. Additionally, there is no evidencePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011