Barry B. Bealor and Nancy L. Bealor, et al. - Page 11

                                       - 100 -                                        
               Finally, Dr. Willey indicates that “Most employee leasing              
          firms are charging anywhere between three and eight percent of              
          employee gross wages”.  Id. at 217.  Here, the partnerships                 
          charged “overrides” of between 15 and 20 percent--more than twice           
          the going rates--in exchange for services that were merely                  
          illusory.31                                                                 
               We conclude that Machise, through Bucci and Ingemi, filled             
          the role ostensibly claimed by the partnerships.  Machise                   
          operated its business without the aid of the partnerships.  None            
          of the partnerships, and none of their partners, undertook any              
          substantive activities with respect to Machise's employees or               
          independent contractors.  Machise, and not the partnerships, was            
          the employer and the party responsible for paying the payroll               
          costs.  Accordingly, Machise, and not the partnerships, was                 
          entitled to claim those costs as a deduction of ordinary and                
          necessary business expenses.                                                
               Petitioners' arguments to the contrary are unavailing.  They           
          seek support from cases that impose liability for employment tax            
          obligations on the party that controls wage payments, e.g., Evans           


          31Fred has insisted that the inflated "overrides" included                  
          interest paid to the partnerships for their "advances" of payroll           
          costs.  We have found that the partnerships' "advances" are as              
          illusory as their services.  The alleged interest components of             
          the overrides are also illusory.  In addition, there is no                  
          indication by Dr. Willey that a hallmark of conventional employee           
          leasing arrangements is that the subscribing company will defer             
          the reimbursement of payroll costs to succeeding years.                     





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