The IRS in three Rulings has taken the position that services for the distributing corporation performed through independent contractor could not satisfy the active business requirement test of Section 355. Mr. Lee analyzes the Rulings in light of case law and legislative history that have interpreted the Code's active business test. He concludes that further court tests will be necessary before there can be complete reliance upon active conduct by an independent contractor.
45 The Journal of Taxation 272-281 (1976)
Lee, John W., "Section 335 Active Business Management: What Advice to Give Clients Today" (1976). Faculty Publications. 1379.