Legal Opinion

Veterinary Surgical Consultants, P.C. v. Comm'r

United States Tax Court

Decided October 15, 2001No. 2500-99Published

P, an S corporation, distributed all of its net income to A, its sole shareholder and president. A performs substantial services for P. On his Forms 1040, A reported P's net income as nonpassive income from an S corporation. R issued to P a Notice of Determination Concerning Worker Classification Under Sec. 7436, determining that A was an employee of P for purposes of Federal employment tax.

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P, an S corporation, distributed all of its net income to A, its sole shareholder and president. A performs substantial services for P. On his Forms 1040, A reported P's net income as nonpassive income from an S corporation. R issued to P a Notice of Determination Concerning Worker Classification Under Sec. 7436, determining that A was an employee of P for purposes of Federal employment tax. HELD: A is an employee of P for purposes of Federal employment tax pursuant to sec. 31.3121(d)-(1)(b), Employment Tax Regs., because A is an officer who performs substantial services for P and receives…

1Opinion of the Court

VETERINARY SURGICAL CONSULTANTS, P.C., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Veterinary Surgical Consultants, P.C. v. Comm'r

No. 2500-99

United States Tax Court

117 T.C. 141; 2001 U.S. Tax Ct. LEXIS 45; 117 T.C. No. 14;

October 15, 2001, Filed

Decision will be entered for respondent and in accordance with the parties' stipulations as to amounts.

P, an S corporation, distributed all of its net income to

A, its sole shareholder and president. A performs substantial

services for P. On his Forms 1040, A reported P's net income as

nonpassive income from an S corporation.

R issued to P a…

2Cases cited9 opinions

  1. Helvering v. R. J. Reynolds Tobacco Co.Supreme Court of the United States · 1939
  2. United States v. Magnolia Petroleum Co.Supreme Court of the United States · 1928
  3. Spicer Accounting, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1990
  4. Antonio R. Durando Naomiann N. Durando v. United StatesCourt of Appeals for the Ninth Circuit · 1995
  5. Veterinary Surgical Consultants, P.C. v. Comm'rUnited States Tax Court · 2001

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