- 4 - pickup and delivery services for clients on behalf of petitioner. No other person provided any services to petitioner. During the period in issue, petitioner received client referrals from Pyle Transport Services, Inc. (Pyle Transport), of West Chester, Pennsylvania. Ludlow performed services on behalf of petitioner pursuant to an “Independent Contractor Service Agreement” between petitioner and Pyle Transport, dated March 25, 1993, and identifying Ludlow as the driver for petitioner. During 1996, 1997, and 1998, petitioner maintained a business/commercial checking account. Ludlow shared signature authority on petitioner’s account with his spouse. Petitioner did not make regular payments at fixed times to Ludlow for his services. Rather, Ludlow, or his wife, obtained funds from petitioner’s bank account to pay Ludlow as his needs arose. Petitioner neither classified any payment as a dividend nor distributed any dividends to shareholders from 1996 through 1998. Petitioner’s Tax Reporting Petitioner timely filed Forms 1120S, U.S. Income Tax Return for an S Corporation, and related schedules, for 1989 through 1995. On these returns, petitioner did not report treating Ludlow, or any other individual, as an employee of petitioner. Petitioner filed a Form 1120S for each of the years 1996, 1997, and 1998. Petitioner reported ordinary income from its trade or business of $15,605.36, $27,362.14, and $38,486.89 forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011