Ron Lykins, Inc. - Page 7

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          Financial employees.  He backs up his argument by pointing to               
          Lykins Inc.’s allocation of payroll costs to Lykins Financial,              
          and Lykins Financial’s reimbursement of those costs as proof that           
          those employees who were performing investment services were                
          employees of Lykins Financial.                                              
               An unstated assumption of the Commissioner’s position is               
          that someone is the employee only of the firm he’s producing                
          income for.  There is no caselaw interpreting the regulation’s              
          phrase “employees of the corporation, serving in their capacity             
          as such,” sec. 1.448-1T(e)(4)(i), Temporary Income Tax Regs., and           
          the Commissioner’s argument is at least plausible.  But                     
          “employer” and “employee” are legal terms with a rich history of            
          construction in the many other places that they are found in                
          Federal law.  The Supreme Court has, moreover, laid down as a               
          general rule that “when Congress has used the term ‘employee’               
          without defining it, we have concluded that Congress intended to            
          describe the conventional master-servant relationship as                    
          understood by common-law agency doctrine;” see also Nationwide              
          Mut. Ins. Co. v. Darden, 503 U.S. 318, 322-323 (1992).  The                 
          Commissioner has likewise adopted common law rules to distinguish           
          employees from independent contractors.  See Rev. Rul. 87-41,               
          1987-1 C.B. 296; Darden, 503 U.S. at 324 (citing that revenue               
          ruling with approval); Clackamas Gastroenterology Associates,               
          P.C. v. Wells, 538 U.S. 440, 448 (2003)(calling the common law              






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