Olde Raleigh Realty Corporation - Page 4




                                        - 3 -                                         
          are:  (1) Whether certain payments made by petitioner to, or on             
          behalf of, Mr. Henderson should be recharacterized as wages                 
          subject to Federal employment taxes; (2) whether petitioner is              
          liable for the additions to tax under section 6656; and                     
          (3) whether petitioner is liable for the penalties under section            
          6662(a).                                                                    
               Some of the facts in this case have been stipulated and are            
          so found.                                                                   
               Petitioner is an S corporation that was incorporated in                
          North Carolina on or about May 7, 1991.  At the time the petition           
          was filed, petitioner’s principal place of business was in                  
          Raleigh, North Carolina.  Petitioner operates a brokerage/real              
          estate company that is the sole source of its income.  Since                
          petitioner’s incorporation and all during 1995 and 1996, Mr.                
          Henderson has owned 100 percent of petitioner’s stock and has               
          been the president of petitioner.                                           
               Mr. Henderson worked approximately 32 hours per week for               
          petitioner during 1995 and 1996.  During the years in issue, Mr.            
          Henderson performed many services for petitioner.  Mr. Henderson            
          negotiated with sellers of real property, reviewed development              
          budgets, reviewed development progress, assisted in the                     
          negotiation of sales of lots to residential builders, reviewed              
          financial operations, arranged financing for joint ventures,                
          assisted in organizing and setting up development entities,                 






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Last modified: May 25, 2011