Barry B. Bealor and Nancy L. Bealor, et al. - Page 148

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               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.                            




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