- 6 - The factors are not weighed equally; they are weighed according to their significance in the particular case. Aymes v. Bonelli, 980 F.2d 857, 861 (2d Cir. 1992). Petitioner has not attempted to prove respondent’s determination wrong. Instead, petitioner appears to argue that he is an employee because the state of the law concerning the employment status of court reporters is amorphous. Petitioner refers the Court to a number of revenue rulings concerning court reporters, which come to different conclusions as to a court reporter’s employment status. Petitioner primarily relies on Rev. Rul. 70-528, 1970-2 C.B. 204, in which the Commissioner ruled that services performed by court reporters and their deputies appointed by the Governor under the Florida Statutes Annotated are excepted from “employment” under the provisions of section 3121(b)(7) of the Federal Insurance Contributions Act and section 3306(c)(7) of the Federal Employment Tax Act. We are not persuaded by petitioner’s argument. Revenue rulings are based on specific fact patterns. Petitioner has not proven that he falls within the specific facts of any of the Commissioner’s rulings concerning court reporters. Indeed, petitioner has told us very little about himself, except for the facts that: (1) He was a court reporter who was paid for his engagements, (2) he was required to (and did) furnish his own supplies; (3) he was required to furnish most of his ownPage: Previous 1 2 3 4 5 6 7 8 9 Next
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