- 95 - 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...)Page: Previous 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 Next
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