- 14 - As for the second prong of the test, namely, that there must exist between the corporation and the person using the services a contract or similar indicium recognizing the corporation's controlling position, we believe the substantial weight of the evidence indicates that the service recipients, Bennett Logging and Happy Trucking, did not recognize Ruckman, Inc., as having a controlling position with respect to the dispatch services. Again, there was no written contract for dispatch services between Ruckman, Inc., and either Bennett Logging or Happy Trucking. Bennett Logging's checks for dispatch services were made out to Mrs. Ruckman personally. For the 3 years at issue, Bennett Logging issued Forms 1099 to Mrs. Ruckman personally with respect to the payments for dispatch services, while in the same years it issued Forms 1099 to Ruckman, Inc., with respect to payments for hauling services. Cf. Zadan v. Commissioner, T.C. Memo. 1993-85 (Forms 1099 issued to taxpayer personally support conclusion that taxpayer rather than his corporation was true earner). At trial, the parties jointly stipulated a written statement of Gordon Bennett, as president of Bennett Logging, in which he asserts that the "administration" of the trucking branch of Bennett Logging, and subsequently of Happy Trucking, which he further describes as consisting of the services that have been characterized herein as dispatch services, "was the responsibility of Robert Ruckman, Inc." and that "Due to an error, 1099's were issued to Julie Ruckman." The statement isPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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