-16- December 1989, FBO provided petitioner with a Form W-2 and withheld Social Security tax from petitioner's income. This, in our opinion, indicates that FBO intended to create an employer-employee relationship. See, e.g., Juliard v. Commissioner, T.C. Memo. 1991- 230. Further, FBO Policy and Procedures Directives in effect during the year under consideration provided that a personal services contractor is not eligible for the foreign earned income exclusion, and that overseas PSC's treat the contractor as an FBO government employee for all purposes except retirement. And, petitioner was advised by the December 12, 1989, FBO memorandum that he should designate himself as an FBO employee on his 1989 return. After considering all the facts and circumstances present in this case, we conclude that petitioner was an FBO employee in 1989. Therefore, petitioners are not entitled to the foreign earned income exclusion under section 911(a) for such year. To reflect the foregoing and respondent's concession, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Last modified: May 25, 2011