Richard G. and Anne C. Greene - Page 31

                                   - 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.                












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