Kevin R. Johnston - Page 39




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          a beneficiary with a foreign address, which Mr. Chisum asserted             
          was a Turks and Caicos trust with a foreign trustee.                        
               Fourth, we have held that two elements must be present                 
          before a PSC, rather than its service-performing employee, can be           
          considered the true earner of the income.  First, the service-              
          performing employee must be just that–-an employee of the PSC,              
          whom the PSC has the right to direct or control in some                     
          meaningful sense.  Second, the PSC and the person or entity using           
          the employee’s services must have a contract or similar                     
          arrangement recognizing the PSC’s controlling position.  See                
          Johnson v. Commissioner, 78 T.C. at 891.  Neither of these                  
          elements is present in the case at hand.                                    
               In short, the authorities concerning the taxation of PSC’s             
          confirm rather than challenge our conclusion that petitioner’s              
          attempted diversion to Universal of the compensation for his                
          services was an invalid assignment of income.                               
               We hold that petitioner’s gross income includes the $103,420           
          paid to Universal, as determined by respondent.  Because we reach           
          this holding under the assignment of income rule, we need not               
          consider respondent’s alternative arguments that Universal was a            
          sham or a grantor trust.12                                                  


               12 Petitioner also argues that our holding conflicts with              
          certain Courts of Appeals decisions concerning the tax treatment            
          of contingent legal fees.  See, e.g., Estate of Clarks v. United            
                                                             (continued...)           





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