Ertan and Susan Eren - Page 16

                                                  -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.                                                













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