Kevin R. Johnston - Page 38




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          Commissioner, 78 T.C. at 890 n.13; Keller v. Commissioner, 77               
          T.C. 1014, 1030-1031 (1981), affd. 723 F.2d 58 (10th Cir. 1983).            
          Of course, in the case at hand petitioner employed a purported              
          trust in his diversion scheme, and the Moline Properties, Inc.              
          policy favoring the recognition of shareholders and corporations            
          as separate taxable entities is simply not applicable.                      
               Third, even when we respect a PSC as the true earner, this             
          does not end our examination; we then evaluate the arrangement              
          between the shareholder and the PSC under section 482.  In so               
          doing, we consider whether the shareholder’s total compensation             
          from the PSC was essentially equivalent to that which he would              
          have received if he had not employed the PSC structure.  See,               
          e.g., Haag v. Commissioner, 88 T.C. 604, 614-615 (1987), affd.              
          without published opinion 855 F.2d 855 (8th Cir. 1988); Keller v.           
          Commissioner, 77 T.C. at 1024-1025.  This analysis ensures that             
          the shareholder will be taxed on the reasonable value of his                
          services, except to the extent his taxable income is reduced by             
          Code provisions that specifically provide for deferral or                   
          nonrecognition of income (e.g., qualified pension plan                      
          provisions).  We repeat that in the case at hand petitioner did             
          not report (and has not conceded) that he received any salary (or           
          other income) as a result of the payments made to Universal for             
          his services.  Moreover, Universal’s 1993 tax return claimed a              
          deduction for a distribution of Universal’s entire net income to            





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