Frederick Douglas Abdullah - Page 12

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          drove a truck for a delivery company.  It seems clear that                  
          petitioner’s services were an integral part of the business of              
          the respective principals.  This factor supports the finding that           
          petitioner was an employee.                                                 
               The next factor is the relationship the parties believe they           
          created.  Each of the principals treated petitioner as an                   
          employee.  Petitioner was issued a Form W-2 by each principal,              
          and  there was withholding from petitioner’s paycheck.  See Azad            
          v, United States, 388 F.2d 74, 78 (8th Cir. 1968); Weber v.                 
          Commissioner, supra at 392.  This factor supports a finding that            
          petitioner was an employee.                                                 
               The final factor is employee benefits.  There is nothing in            
          this record as to any employee benefits paid by any of the                  
          principals.  This factor is neutral.                                        
               Considering all the factors, we conclude that petitioner was           
          a common law employee, and accordingly gross income from the four           
          employers involved should have been reported as salary or wages             
          on Form 1040 and not gross receipts on Schedules C.  Further,               
          petitioner is not subject to self-employment tax as determined in           
          the notice of deficiency.                                                   
               B.  Expenses                                                           
               Based on our conclusions above, it is clear that any expense           
          deductions claimed, if allowable, should be deducted as Schedule            
          A, Miscellaneous Itemized Deductions.                                       






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