Barry B. Bealor and Nancy L. Bealor, et al. - Page 147

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          753 (1990); Arrowhead Mountain Getaway, Ltd. v. Commissioner,               
          T.C. Memo. 1995-54 (taxpayer bears burden of disproving                     
          determination in FPAA in case filed under TEFRA partnership                 
          provisions).                                                                
               1.   The Relationship of the Employees and Independent                 
                    Contractors to Machise and to the Partnerships                    
               The "real character" of the transactions at issue, as                  
          displayed by the entire record, is that Machise, and not the                
          partnerships, incurred and paid the payroll costs of the workers            
          who performed services for Machise.  Accordingly, Machise, and              
          not the partnerships, is entitled properly to deduct those costs            
          as ordinary and necessary business expenses.  See Whipple v.                
          Commissioner, 373 U.S. 193, 202 (1963); Madison Gas & Elec. Co.             
          v. Commissioner, 72 T.C. 521, 566-567 (1979), affd. 633 F.2d 512            
          (7th Cir. 1980).                                                            
               Conventional employee leasing business arrangements have               
          presented some interesting tax issues, but we have no occasion to           
          reach them here.  Some employers contended that, by using                   
          employee leasing arrangements, they could avoid application of              
          the Code provisions that require qualified retirement plans to              
          make provisions for lower-paid employees.  See, e.g., Burnetta v.           
          Commissioner, 68 T.C. 387 (1977).  To deal with those issues,               
          Congress added section 414(n) and (o) to the Code.29                        

          29In 1982, Congress added sec. 414(n), Tax Equity & Fiscal                  
          Responsibility Act of 1982, Pub. L. 97-248, sec. 248(a), 96 Stat.           
                                                             (continued...)           




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