- 96 - The issues underlying the enactment of section 414(n) and (o) have no bearing on this case. The purported employee leasing arrangements at issue here are not the otherwise presumably valid leasing organizations addressed in section 414(n).30 The arrangements in the cases at hand instead fall within the category of arrangements we have called "generic tax shelters". See Rose v. Commissioner, 88 T.C. 386, 412-413 (1987), affd. 868 F.2d 851 (6th Cir. 1989). Petitioners argue that modern employee leasing arrangements have modified strict employer-employee roles. The evolution of such arrangements, however, does not lend substance to the activities of the lessor partnerships in the cases before us. The parties have asked the Court to take judicial notice of Willey, The Business of Employee Leasing (2d ed. 1988). Dr. 29(...continued) 526, whose general purpose was to treat certain leased employees as employees of the recipient of their services for purposes of the qualified plan requirements. H. Conf. Rept. 97-760, at 79 (1982), 1982-2 C.B. 600, 679. In 1984, Congress added sec. 414(o), Deficit Reduction Act of 1984, Pub. L. 98-369, sec. 526(d)(1), 98 Stat. 875, granting authority to the Secretary to issue regulations deemed necessary to prevent employee leasing or other arrangements from being used to avoid statutory employee benefit requirements. In the Tax Reform Act of 1986, Pub. L. 99- 514, sec. 1146, 100 Stat. 2491, Congress amended sec. 414(n) to expand further the qualified plan restrictions on the use of leased employees. 30By a parity of reasoning, the organization and use of Intercoastal and MIT Personnel in efforts to maximize qualified plan benefits for Bucci and Ingemi and effectuate other business purposes have no bearing on the issues in this case, which concern the efforts to use the MIT partnerships to create tax benefits for investors and Intercoastal/Machise.Page: Previous 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 Next
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