Robert E. and Yvonne R. Kovacevich - Page 9

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          $90,000 income reported) and $42,000 (i.e., $132,000 income                 
          received minus $90,000 income reported) relating to 1992 and                
          1994, respectively.                                                         
          III. Employment Status                                                      
               Respondent determined in the notice of deficiency that                 
          payments from Western, reported on petitioners’ Schedule C, are             
          wage compensation and the business expenses deducted by                     
          petitioners are miscellaneous itemized deductions.  Respondent              
          contends that petitioner was an employee of Western because he              
          was an officer who performed substantial services.  Petitioner,             
          relying on several contentions that have been rejected in similar           
          circumstances, contends that he was not an employee of Western.             
               Pursuant to section 3121(d)(2), the term “employee” includes           
          any individual who has the status of an employee under the                  
          applicable common law rules.  Paragraphs (1), (3), and (4) of               
          section 3121(d) delineate “statutory employees”.  These                     
          individuals are considered employees regardless of their status             
          under the common law.  See Joseph M. Grey Pub. Accountant, P.C.             
          v. Commissioner, 119 T.C. 121, 126 (2002).  Any officer of a                
          corporation is a statutory employee, if such officer performs               
          substantial services for a corporation and receives remuneration            
          for those services.  See Veterinary Surgical Consultants, P.C. v.           
          Commissioner, 117 T.C. 141 (2001), affd. sub nom. Yeagle Drywall            








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