Barry B. Bealor and Nancy L. Bealor, et al. - Page 12

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          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".                                                        




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