Kevin R. Johnston - Page 37




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          was an anticipatory assignment of income, in part because the               
          trust had no right to supervise the taxpayer’s employment or                
          determine his remuneration, and the taxpayer had no legal duty to           
          earn money or perform services for the trust).                              
               Petitioner argues that our conclusion conflicts with the               
          authorities recognizing personal service corporations (PSC’s) as            
          the “true earners” of the income generated by the efforts of                
          their shareholder/employees.  We disagree.                                  
               First, we note that in many circumstances, arrangements                
          creating PSC’s are invalid assignments of income.  See, e.g.,               
          Leavell v. Commissioner, 104 T.C. 140 (1995); Johnson v.                    
          Commissioner, 78 T.C. 882, 889-890 (1982) (amounts paid by                  
          professional basketball club for player’s services were income to           
          player rather than to PSC which received the payments), affd.               
          without published opinion 734 F.2d 20 (9th Cir. 1984).  We also             
          note that Congress has enacted various Code provisions in an                
          attempt to end various perceived abuses of PSC’s.  See, e.g.,               
          sec. 269A.                                                                  
               Second, the authorities recognizing PSC’s as the true                  
          earners of the income generated by the shareholders’ services               
          have noted the tension between the assignment of income rule set            
          forth in Lucas v. Earl, 281 U.S. 111 (1930), and the importance             
          attributed to the corporate form by Moline Properties, Inc. v.              
          Commissioner, 319 U.S. 436 (1943).  See, e.g., Johnson v.                   





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