-226- corporation can act only through its employees and agents, this Court set forth two requirements that must be met before the corporation, rather than the service-performing individual, can be considered to control the earning of the income. These requirements are: (1) The corporation must have had the right to direct or control the individual’s activities in some meaningful manner, and (2) there must exist between the corporation and the person or entity using the services a contract or similar indicium recognizing the corporation’s controlling position. Id. at 890-891. The U.S. Courts of Appeals for the Seventh Circuit and the Federal Circuit apply a more flexible facts and circumstances approach. Schuster v. Commissioner, 800 F.2d 672, 677-678 (7th Cir. 1986), affg. 84 T.C. 764 (1985); Fogarty v. United States, 780 F.2d 1005, 1012 (Fed. Cir. 1986). In United States v. Newell, 239 F.3d 917 (7th Cir. 2001), the Court of Appeals for the Seventh Circuit addressed both the assignment of income doctrine and concepts of alter ego in a factual setting analogous to the facts presented in these cases. In Newell, the taxpayer was president and a 50-percent shareholder of LPM, Inc. (Inc.), a commodity trader. Pursuant to a contract, Inc. earned a fee of $1.3 million from a client during 1993, and the taxpayer directed the client to pay the fee to LPM, Ltd. (Ltd.), a Bermuda corporation. Neither thePage: Previous 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 Next
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