J. Michael Joly and Bonnie B. Joly, Jody Steven Joly, and David Andrew Joly - Page 9

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          Nationwide Mut. Ins. Co. v. Darden, supra at 323-324; Weber v.              
          Commissioner, supra at 387; Simpson v. Commissioner, 64 T.C. 974,           
          984-985 (1975).  No one factor is determinative; rather, all the            
          incidents of the relationship must be assessed and weighed.                 
          Nationwide Mut. Ins. Co. v. Darden, supra at 324; NLRB v. United            
          Ins. Co., 390 U.S. 254, 258 (1968); Azad v. United States, 388              
          F.2d 74, 76 (8th Cir. 1968); Weber v. Commissioner, supra at 387;           
          Simpson v. Commissioner, supra at 985.                                      
               The record does not support petitioners' argument that the             
          services which Michael and Jody provided to the corporation were            
          insubstantial.  During 1992, Michael was solely responsible for             
          managing and operating the business.  During 1993 and 1994, while           
          Jody took over some daily responsibilities, Michael continued to            
          negotiate all of the arrangements and financing, developed the              
          plans for the custom homes, and reviewed the progress at the                
          construction sites.  Jody performed management functions and                
          worked for the corporation as the lead carpenter on many of its             
          projects.                                                                   
               Moreover, Michael and Jody were employees of the corporation           
          by virtue of having been officers of the corporation (president             
          and vice president, respectively), and having provided more than            
          minor services to it.  Sec. 31.3121(d)-1(b), Employment Tax Regs.           
          On this record, we conclude that Michael and Jody rendered                  
          substantial services to the corporation as employees.                       






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