- 37 - 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.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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