Calypso Music Incorporated - Page 9




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           designate Daryl Kell to perform the editing services.5  In the             
           1997 taxable year $214,106 was received by petitioner for the              
           editing services of Daryl Kell on the pictures Kazaam, The                 
           Associate, Breakdown, and Moll Flanders.  The deal memoranda               
           for these pictures also specifically designate Daryl Kell to               
           perform the editing services.6  In the 1996 and 1997 taxable               
           years Daryl Kell, the individual designated to perform the                 
           services for petitioner, owned more than 25 percent of the                 
           shares in petitioner.  Therefore, we find that the income                  
           received from the enumerated motion picture contracts was                  
           personal holding company income.  See Kenyatta Corp. v.                    
           Commissioner, supra at 184 (and cases cited therein).                      



               5 The deal memorandum for Fair Game provides: “EMPLOYER                
          [Petitioner] hereby lends to PRODUCER [Warner Bros.] the                    
          exclusive services of EMPLOYEE [Daryl Kell]”.  The deal                     
          memorandum for Moll Flanders provides: “Daryl Kell will provide             
          music editing services for O’Trilogy Productions”.  Additionally            
          the Executive Vice President-Post production of Warner Bros.                
          testified that Daryl Kell was the only person to perform the                
          required services under the loan-out agreement.                             
               6 The deal memorandum for Kazaam provides: “Daryl B.                   
          Kell/Calypso Music Inc. will provide music editing services for             
          Interscope Communications * * *”; “Daryl Kell will render music             
          editorial services”.  The deal memorandum for The Associate                 
          provides: “Daryl B. Kell/Calypso Music Inc. will provide music              
          editing services for Interscope Communications * * *”; “Daryl               
          Kell will render music editorial services”.  The deal memorandum            
          for Breakdown provides: “Daryl Kell (Editor) Calypso Music, Inc.            
          (Lender) will provide music editing services to Dino DeLaurentiis           
          Co. (Producer)”; “Editor [Daryl Kell] will render music editorial           
          services”.  The deal memorandum for Moll Flanders provides:                 
          “Daryl Kell will provide music editing services for O’Trilogy               
          Productions”.                                                               





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Last modified: May 25, 2011