Kevin R. Johnston - Page 36




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          See Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158,             
          1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947).                           
               For all these reasons, the record establishes that                     
          petitioner, rather than Universal, was the “true earner” of the             
          $103,420 paid for petitioner’s services during 1993.                        
          Petitioner’s attempted transfer of his “knowledge, talent,                  
          ability and labor” to Universal was a classic assignment of                 
          income.  See Vercio v. Commissioner, 73 T.C. at 1250-1254                   
          (taxpayers created trusts to which they purportedly conveyed the            
          “exclusive use of * * * [their] lifetime services and all of the            
          currently earned remuneration therefrom”; held, taxpayers                   
          retained ultimate direction and control over earning of the                 
          income and the conveyance was an invalid assignment of income, in           
          part because it was unlikely that a binding contract for services           
          between the trust and the taxpayers had been entered into, there            
          was no evidence that the trust had any right to direct the                  
          taxpayers’ income-producing activities, and it was questionable             
          whether the trusts could in any event obligate the taxpayers to             
          perform services that were inherently personal in nature); see              
          also Vnuk v. Commissioner, 621 F.2d 1318, 1319 (8th Cir. 1980),             
          affg. T.C. Memo. 1979-164 (physician conveyed to a trust “the               
          exclusive use of * * * [his] lifetime services and all the                  
          currently earned remuneration accruing therefrom”; held,                    
          physician retained ultimate direction and control and conveyance            





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