Harish K. and Maggy M.Pariani - Page 9

                                        - 9 -                                         

          the key worker.  See Spicer Accounting, Inc. v. United States,              
          918 F.2d 90, 94 (9th Cir. 1990).  There is no evidence that Dr.             
          Pariani made his services available to another company or to the            
          general public.4  The only factor that weighs in favor of finding           
          that Dr. Pariani was an independent contractor is the fact that             
          the type of work that he provided, medical services, requires a             
          high degree of skill.  Considering all the facts and                        
          circumstances, we conclude that Dr. Pariani was an employee of              
          the Association under the common law rules.                                 
               Petitioners offered no evidence or argument that Dr. Pariani           
          qualifies as an independent contractor under the common law                 
          standard.  Rather, petitioners rely on section 530 of the Revenue           
          Act of 1978 (Section 530)5 for their position that Dr. Pariani              
          was an independent contractor rather than an employee.                      


               4 Asit Modak testified that Dr. Pariani performed services             
          in the emergency room at York Plaza Hospital (the Hospital) "up             
          to 1989".  Whether this includes 1989 or not, there is no                   
          evidence that Dr. Pariani was paid by the Hospital, or that he              
          had a contract to work for the Hospital.  He did not receive a              
          Form W-2 or a Form 1099 from the Hospital.  Moreover, if there              
          was an arrangement with the Hospital, it could have been with the           
          Association rather than with Dr. Pariani, in which case any                 
          services that Dr. Pariani performed at the Hospital might have              
          been services performed for the Association.                                
               5 All references to sec. 530 of the Revenue Act of 1978,               
          Pub. L. 95-600, 92 Stat. 2763, 2885, are to that section as                 
          amended and in effect for the years in issue.  Sec. 530 of the              
          Revenue Act of 1978 was originally an interim relief provision              
          that was eventually extended indefinitely by sec. 269(c) of the             
          Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. 97-248,           
          96 Stat. 324, 552.                                                          




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011