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petitioner was employed by RHB, petitioners did not report on a
Schedule C the trustee’s fees received and remitted to RHB.
Instead, petitioners reported only the wages received.
Petitioners’ argument is without merit.
Petitioners argue Griswold v. Dir. of Div. of Unemployment
Comp. & Div. of Employment Sec., 53 N.E.2d 108, 109 (Mass. 1944),
and Rev. Rul. 58-5, 1958-1 C.B. 322, establish that petitioner,
as a professional fiduciary, will always be treated as being
engaged in the trade or business of being a fiduciary and can
never be an employee. In Griswold, the Supreme Judicial Court of
Massachusetts addressed whether a trustee was the employee of a
trust for purposes of Massachusetts unemployment compensation
laws. The court stated trustees “are the masters and principals
in the business of the trust” and held “trustees are not
employees of such a trust.” Rev. Rul. 58-5, supra, addressed
whether income received by a fiduciary of a decedent’s estate
should be considered in computing net earnings from self-
employment under the Self-Employment Contributions Act of 1954.
The revenue ruling states that “Professional fiduciaries will
always be treated as being engaged in the trade or business of
being fiduciaries, regardless of the assets contained in the
estate.” Neither Griswold nor Rev. Rul. 58-5, supra, establishes
that a professional fiduciary can never be an employee. Both
authorities deal with issues different from the issue in this
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