- NEXTRECORD - District Court concluded that the local church, through its supervision by the District Council and the National Church, demonstrated significant control over the manner in which the taxpayer performed his work, and therefore held that the pastor was an employee. In so holding, the District Court emphasized the National Church's control over the taxpayer with respect to preaching, doctrine, and conduct. We observe as an initial matter that we are not bound by the District Court's holding. In any event, we think that petitioner's circumstances in the present case are very different from those of the taxpayer's in Alford v. United States, supra. Petitioner was employed as a foreign missionary, not a pastor. We think that the National Church's authority over the manner in which a pastor performs his or her duties is not highly probative in analyzing the National Church's control over the daily activities of a foreign missionary. This is because pastoring a local church and engaging in foreign mission work are two different jobs involving different qualifications, duties, and bodies of authority. Pastors are subject to the controls of a local church whereas missionaries are subject to the authority of the DFM. As previously discussed, the DFM exerted very little control over petitioner. In summary, the DFM's and National Church's lack of control over, and lack of the right to control, the manner and means by which petitioner performed his duties as a foreign missionaryPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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