- 25 - Corp. v. Commissioner, 336 U.S. 422, 437 (1949). In Natl. Carbide Corp., the Supreme Court held that a parent-subsidiary relationship does not qualify as an agency relationship unless the subsidiary corporation’s relationship with its parent corporation is not dependent on the parent corporation’s ownership of the subsidiary (the ownership requirement) and the subsidiary’s business purpose is “carrying on * * * the normal duties of an agent.” Natl. Carbide Corp. v. Commissioner, supra at 437. The Supreme Court further held that, if these two criteria are satisfied, a subsidiary will qualify as an agent of its parent corporation if (1) the subsidiary acts in the name of and for its parent corporation, (2) the subsidiary binds its parent corporation by its actions, (3) the subsidiary transfers its receipts to its parent corporation, and (4) the income received by the subsidiary is attributable to the services of its parent corporation’s employees and assets. Id. In Bollinger, the Supreme Court revisited the factors identified and discussed in Natl. Carbide Corp. in deciding whether a corporate nominee was the agent of several real estate development partnerships. There the Supreme Court “[declined] to parse the text of National Carbide” and agreed “that it is reasonable for the Commissioner to demand unequivocal evidence of genuineness in the corporation-shareholder context”. Commissioner v. Bollinger, supra at 349. The Supreme CourtPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NextLast modified: March 27, 2008