William H. Adair and Patricia Adair - Page 24

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            returns, petitioner did receive allowances.  Contrary to                                    
            respondent's assertions, receipt of these benefits by itself is                             
            not determinative of petitioner's status as a U.S. Government                               
            employee.  Although petitioner may have received benefits of a                              
            type contemplated by section 912, this fact does not conclusively                           
            determine that petitioner is a U.S. employee, but merely                                    
            indicates that someone thought he qualified for such benefits.                              
                  Neither in section 911 nor elsewhere does the Code contain                            
            definitions of "employee" or "U.S. employee".  Respondent agrees                            
            that precedents adopt the common law test when defining                                     
            "employee" for purposes of section 911(b)(1)(B)(ii).  Matthews v.                           
            Commissioner, 907 F.2d at 1175.  It is clear that absent                                    
            indications to the contrary, courts have used the common law test                           
            for defining "employee" in tax cases.  Id. at 1178.  Courts have                            
            identified several factors to be considered when determining                                
            whether an employment relationship exists.  Among them are:  (1)                            
            The right to control the manner in which the work is performed;                             
            (2) whether the individual performing the work has an opportunity                           
            for profit or loss; (3) the furnishing of tools and the work                                
            place to the worker; (4) the permanency of the working                                      
            relationship; (5) whether the service rendered is an integral                               
            part of the alleged employer's business; (6) whether services are                           
            offered to the general public rather than to one individual; (7)                            
            the right to discharge; and (8) the intent of the parties or the                            






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