- NEXTRECORD - The DFM has no policy regarding sick leave and does not maintain records reflecting either vacation or sick leave taken by missionaries. Missionaries continue to receive their personal allowances while on vacation and sick leave. Although the matter is not free from doubt, we think that these facts support a finding that petitioner was an employee, not an independent contractor. I. Conclusion Some aspects of the relationship between petitioner and the National Church indicate that petitioner was an employee, whereas other aspects of the relationship indicate that he was an independent contractor. After weighing the above factors, giving particular weight to the lack of control and the lack of the right to control that the National Church and the DFM had over endorsed missionaries, we conclude that petitioner was an independent contractor, and not an employee, in 1992. Because of our determination that petitioner was an independent contractor for purposes of section 62(a), petitioner's trade or business expenses are deductible "above the line" on Schedule C and need not be relegated to Schedule A.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011