- 273 - (1) Whether the individual rather than the corporation or entity that received the income, in fact, controlled the earning of the income, see Vercio v. Commissioner, 73 T.C. 1246 (1980); (2) whether the individual performed the services as an agent or employee of the corporation, see Rubin v. Commissioner, 51 T.C. 251 (1968); (3) whether the corporate form and the status of the corporation as an actual operating enterprise have been recognized by petitioners; (4) whether the corporate form and the status of the corporation as an actual operating enterprise have been recognized by the other parties to the transactions giving rise to the income; (5) whether the form of the transaction served an economic purpose, see Rubin v. Commissioner, supra; and (6) whether the corporations were formed for the purpose of taking advantage of losses incurred by a separate trade or business. The record shows that Kanter was in control of negotiations concerning the amount of commissions and that he earned those commissions by performing the work for them. He directed members of the Five where to make payments. The various entities were entirely subject to Kanter's control: he set up the entities, and he managed the entities in that Meyers, Schott, Weisgal, andPage: Previous 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 Next
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