- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011