- 101 - v. Internal Revenue Service, 607 F.2d 1237 (9th Cir. 1979). Petitioners argue that because the employees and independent contractors were paid from accounts in the names of the partnerships, the partnerships must be deemed to be the employers. Petitioners are wrong. Their argument fails to take into account that Machise, through Bucci and Ingemi, determined who would be paid and how much, provided Machise money for the payroll accounts, and signed the paychecks drawn on those accounts. Machise controlled the wage payments. The use of the partnerships' names on the payroll accounts is a facade that does not evidence an employment or other service provider relationship between the partnerships and the worker providers of the actual services that were needed to carry on the business of Machise. There were numerous other attempts to insert the name of the partnership into Machise's business. These attempts did not, however, impose any genuine responsibilities upon the partnerships. The appearance of the partnerships' names on some of the agreements with independent contractor truckers does not affect our conclusion. A reading of those agreements shows that the operative provisions generally described the reciprocal rights and responsibilities of the truck driver and the "carrier", Machise. To the extent any rights or obligations devolved upon the partnerships under those agreements, we regard it as significant that Bucci--and none of the partners--signed as "partnership agent".Page: Previous 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 Next
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