- 38 - 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 toPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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