Edward W. and Edith M. Arnold - Page 9




                                         -9-                                          
         control that employee in some meaningful sense; and (b) there                
         exists a contract or similar arrangement between the corporation             
         and the person or entity using the services which recognizes the             
         corporation’s right to direct or control the work of the service             
         provider.  Haag v. Commissioner, supra at 611; Johnson v.                    
         Commissioner, supra at 891; see also Leavell v. Commissioner, 104            
         T.C. 140, 151-152 (1995).                                                    
              Petitioners admitted that there was no contract between Mr.             
         Arnold and PCI recognizing the right of PCI to control Mr.                   
         Arnold’s performance of services.  There is no credible evidence             
         that Mrs. Arnold contracted with EAPC to perform real estate                 
         services or that EAPC controlled Mrs. Arnold in some meaningful              
         sense.                                                                       
              We conclude that EAPC did not control Mrs. Arnold’s                     
         performance of real estate services and that PCI did not control             
         Mr. Arnold’s performance of accounting or return preparation                 
         services.  Accordingly, we sustain respondent’s determination                
         that petitioners are subject to self-employment tax in 2002 and              
         2003 on income from their accounting/return preparation and real             
         estate activities.                                                           
         II.  Deductions                                                              
              Deductions are a matter of legislative grace, and                       
         petitioners have the burden of showing that they are entitled to             
         any deduction claimed.  See Rule 142(a); New Colonial Ice Co. v.             







Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 10, 2007