- 36 - 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 conveyancePage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
Last modified: May 25, 2011