- 5 - OPINION Petitioners bear the burden of proving that respondent's determinations in the notice of deficiency are erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Unreported Income Respondent determined that Mr. Hardtke had $44,000 of unreported compensation income from Agency during 1987. Although Agency made no payments to Mr. Hardtke during that year, respon- dent argues that the amounts that Agency paid to Dinan during 1987 with respect to services provided by Mr. Hardtke were income earned by Mr. Hardtke that is includible in petitioners' income for that year. Petitioners argue that during 1987 Mr. Hardtke provided services to Agency as an employee of Dinan pursuant to a consulting agreement between Agency and Dinan and that he did not provide services to Agency in any other capacity. It is well established that income must be taxed to the actual earner of that income. Lucas v. Earl, 281 U.S. 111 (1930). "In the corporate context, however, the actual earner test may be inadequate because a corporation can earn income only through the personal services of its employees and agents." Haag v. Commissioner, 88 T.C. 604, 611 (1987), affd. without published opinion 855 F.2d 855 (8th Cir. 1988). "In numerous instances, a corporation is hired solely in order to obtain the services of a specific corporate employee." Johnson v. Commissioner, 78 T.C. 882, 891 (1982), affd. without published opinion 734 F.2d 20 (9thPage: Previous 1 2 3 4 5 6 7 8 9 Next
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