Edward W. and Edith M. Arnold, et al. - Page 12

                                       - 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 show             






Page:  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