John E. and Concetta Lozon - Page 10

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               The actions taken by Allstate in the case at hand did                  
               not amount to the exercise of power by Allstate as to                  
               the affirmative manner in which petitioner tried to                    
               sell insurance to customers on a day-to-day basis, but                 
               were designed to deal prospectively with various                       
               quality issues and with specific quality problems after                
               they had arisen. * * * [Id.]                                           
               The above analysis holds true in this case.  The parties               
          have stipulated that this case has the same essential facts as              
          Butts.  We find that there are no essential facts in the instant            
          case distinguishable from those presented in Butts and no legal             
          arguments presented by respondent in the instant case that were             
          not addressed and rejected in Butts and Mosteirin.  Thus, on the            
          basis of our reasoning in Butts v. Commissioner, supra, as                  
          adopted and applied in Smithwick v. Commissioner, supra, and                
          Mosteirin v. Commissioner, supra, we conclude that during the               
          years in issue petitioners were professionally associated with              
          Allstate as independent contractors.  In short, we decline                  
          respondent's offer to revisit an area that has been so thoroughly           
          explored.                                                                   
          B.   Burden of Proof on Remaining Issues                                    
               Unlike the prior Allstate cases,4 the ramifications of                 
          petitioners' being treated as independent contractors--as opposed           
          to employees--are in dispute.  Issue number 2, supra and                    
          discussed below, was raised by respondent in his answer to the              
          petition.  Consequently, respondent bears the burden of proof on            
          this issue.  Rule 142(a).                                                   

               4  See infra.                                                          



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