Investment Research Associates - Page 201




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              (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, and                  






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