13 On the surface, Pallin's service as a sole proprietor followed by the formation of Lear and the continuation of the medical practice as a corporation technically involved a change in the employer. Lear was the employer after the incorporation, and Lear did not exist prior to that time. This analysis, however, ignores that Pallin continued performing the same services in the corporate form that he had performed as a sole proprietor. There was no lapse in time between the medical practice's transition from a sole proprietorship to a corporation. Pallin continued to own a majority interest in the practice, and the practice remained in Phoenix. Pallin's professional duties and responsibilities did not change under the corporate form, nor did the administration of the medical practice under the corporate form. The composition of the medical practice's staff, physicians, or patients did not change as a result of the transition to corporate form. These factors lead to the conclusion that the administration of the medical practice and the substance of Pallin's business operations remained the same despite the technical change in Pallin's employment relationship after the formation of Lear. Accordingly, we conclude that Pallin's years as a sole proprietor constitute "years of service with the employer" for purpose of section 415(b)(5). To conclude otherwise would elevate form over the obvious continuity in Pallin's service before and after the formation of Lear.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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