- 16 - using Ruckman, Inc.'s facilities.11 Mrs. Ruckman testified that she did not consider it significant that payment checks and Forms 1099 with respect to dispatch services were issued to her personally rather than to Ruckman, Inc., in particular because the payments were being reported as income of their corporation, and passed through to them. Although petitioners may have some frustration with the formalities here, the fact remains that the corporation--which is, itself, a mere legal fiction--never had even transitory control of the funds that petitioners would have us attribute to it. Moreover, there are more than formalities at stake here. By treating the payments for dispatch services as earned by their corporation, which paid them no salaries, petitioners treated income that was from their personal services as subject to neither employment nor self-employment taxes. On the basis of the evidence, we conclude that the income from dispatch services is not attributable to Ruckman, Inc. Respondent determined that the dispatch income was earned by Mrs. Ruckman personally. Petitioners allege error because the dispatch services were not all rendered solely by Mrs. Ruckman. Although we have found that Mr. Ruckman performed a portion of the dispatch services, we do not believe this fact demonstrates 11Petitioners' argument that the dispatch services were performed using the corporation's facilities boils down to the claim that the corporation's office, a spare room in their residence, and the corporation's office equipment were used. There is no evidence, and we very much doubt, that Ruckman, Inc., held title to petitioners' residence. There is likewise no evidence of the ownership of the office equipment.Page: 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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