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          Court has followed a two-prong test under which the PSC is taxed            
          on the income when:  (1) The service provider is an employee of             
          the PSC, whom the PSC has the right to direct and control in a              
          meaningful sense, and (2) the PSC and the service recipient have            
          a contract or similar indicium recognizing the controlling                  
          position of the PSC.  Leavell v. Commissioner, 104 T.C. 140,                
          151-152 (1995); Haag v. Commissioner, 88 T.C. 604, 611 (1987),              
          affd. without published opinion 855 F.2d 855 (8th Cir. 1988);               
          Bagley v. Commissioner, supra at 675-676; Johnson v.                        
          Commissioner, supra at 893; see also sec. 31.3121(d)-1(c)(2),               
          Employment Tax Regs.  When either of these prongs is not met, the           
          individual (rather than the PSC) is taxed on the income.                    
               We apply this test to the facts at hand.  With respect to              
          the first prong, we look to the record for indicia of an                    
          employment relationship between CAI (the PSC) and petitioner (the           
          provider of the services that generated the commissions).                   
          We find no employment contract or other evidence of an employment           
          relationship between the two.  Indeed, petitioner acknowledged at           
          trial that he was not CAI's employee.  Given the absence of the             
          necessary employer/employee relationship between petitioner and             
          CAI, we are unable to conclude that CAI had the ability to direct           
          or control petitioner's provision of the relevant services in a             
          meaningful sense so as to satisfy the first prong of the test.              
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