- 12 - exists a contract or similar arrangement between the corporation and the person or entity using the services which recognizes the corporation’s right to direct or control the work of the service provider. Haag v. Commissioner, supra at 611; Johnson v. Commissioner, supra at 891; see also Leavell v. Commissioner, 104 T.C. 140, 151-152 (1995). We discuss these requirements next. a. Whether Petitioners Were Employees of Their Corporations Petitioners were employees of their corporations because they were officers of those corporations. See secs. 3121(d)(1), 1401, 1402; Robinson v. Commissioner, 117 T.C. 308, 320-322 (2001). b. Whether Contracts Existed Between Petitioners and Their Corporations Recognizing the Rights of the Corporations To Direct or Control Their Performance of Services Petitioners make no argument on this point. There is no evidence of a contract or similar arrangement between Mr. Arnold and Pacific or between Pacific and its clients. Thus, petitioners have not shown that Pacific controlled Mr. Arnold’s performance of services. Similarly, there is no evidence that Mrs. Arnold contracted with her corporation to perform real estate services or that EAPC contracted with clients to perform real estate services. The contracts between Mrs. Arnold and Seal and Seal’s records with respect to Mrs. Arnold’s real estate sales and commissions showPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011