- 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.Page: Previous 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 Next
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