- 15 - v. Commissioner, 336 U.S. 422, 437 n.20 (1949); Higgins v. Smith, 308 U.S. 473 (1940); Gregory v. Helvering, supra. On this record, we find that JJH lacked economic substance and was merely a paper entity that engaged in no meaningful business activity. The purported purpose of JJH was to render accounting services, yet it had no employees to carry out this purpose.7 Petitioner admits he was not an employee of JJH, testifying at trial: "As Joseph J. House, the individual, I was not an employee. I did not consider myself an employee of Joseph J. House, Inc. I considered myself an independent contractor”. To the extent petitioner suggests he was acting on behalf of JJH as an independent contractor, we are not persuaded. Petitioner was acting on behalf of himself individually when he rendered services to clients. There was no employment or agency contract between petitioner and JJH. There is no credible evidence that there was a relationship between JJH and petitioner’s clients or that the clients recognized JJH as the service provider. The relationship was directly between petitioner and his clients. Petitioner’s clients paid petitioner directly. JJH did not pay petitioner compensation for his services and did not issue him a Form 1099 or W-2. To embrace petitioner’s argument, we would 7Petitioner reported a negligible amount of wages paid on JJH’s returns but does not argue these wages were paid to him, and the record does not disclose who purportedly earned them. Petitioner has not suggested that JJH’s payment of personal expenses constitutes compensation.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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