Robert G. Ruckman and Julie Ruckman - Page 16

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          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.                          



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