- 275 - primarily through the efforts of petitioners via their contacts with Prudential, Travelers, and the Pritzker family. In Rubin v. Commissioner, supra, we found that the income was properly taxable to the individual who performed the services for which payment was made where the individual was not contractually bound to (and in fact did not) render services exclusively to a personal service corporation. In these cases, petitioners were not contractually bound to, nor did they render services for, the corporations. Ballard, Lisle, and Kanter were not employees of any of the corporations or entities involved in the transactions at issue. Ballard and Lisle were full-time employees of Prudential, Travelers, or Goldman-Sachs. Kanter was a self-employed attorney. Kanter was not an agent of the corporations. In fact, there is evidence that Kanter in some instances held himself out to members of the Five (in particular Schaffel) as Ballard's and Lisle's agent, referring to them as his "associates". Ballard and Lisle did not claim that they were agents of IRA or any other entity (except to justify the payment Ballard received as a director's fee from IRA while denying he was ever a director). We have previously discussed the failure of petitioners and other parties to the transactions to recognize the separate existence of the corporations. None of the Five recognized anyPage: Previous 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 Next
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