- NEXTRECORD - considered together in determining whether petitioner is an employee. Respondent contends that the DFM exercised control, or had the right to exercise control, over petitioner to such a degree that we must conclude that he was an employee. In this regard, respondent points out that as a missionary, petitioner qualifies as a professional who required little supervision and that the absence of actual control should not be confused with an absence of the right to control. The threshold level of control necessary to find employee status is generally lower when applied to professional services than when applied to nonprofessional services. Azad v. United States, supra at 77, Professional & Executive Leasing, Inc. v. Commissioner, 89 T.C. at 232. However, the precise degree of control required to find an employer-employee relationship varies with different occupations. United States v. W.M. Webb, Inc., 397 U.S. 179, 193 (1970). In the present case, even applying a lower standard of control because of petitioner's status as a professional, we find that neither the National Church nor the DFM exercised, or had the right to exercise, a sufficient degree of control to support a finding that petitioner was an employee. Neither the National Church nor the DFM provided any type of professional training for petitioner. The DFM did not assign petitioner to minister in a particular country; petitioner selected Bangladesh, notwithstanding the reservations expressedPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011