- 7 - employer-employee relationship exists when an employer retains the right to control the manner and means by which an individual performs services. Nationwide Mut. Ins. Co. v. Darden, supra; Simpson v. Commissioner, supra; Ellison v. Commissioner, 55 T.C. 142, 152-153 (1970). Petitioner received income from several activities. We have divided the activities into two groups: (1) Income from the Stewart band and (2) other income. A. Income From the Stewart Band Upon reviewing the entire record in light of the above factors, we hold that petitioner received income from his activity with the Stewart band as an employee during 1991. Several factors support our conclusion. First, Stewart controlled how, when, and where petitioner was to perform his services. Petitioner was required to tour, travel, and perform according to the band’s scheduled performances. Moreover, Stewart had influence over what petitioner wore on and off the stage, which instruments he brought with him and played, and which songs he performed. While it is true that petitioner had some flexibility in choosing which chords to play, his ability to improvise was limited by the framework provided by the Stewart band. Second, petitioner was an integral part of the band while on tour. This fact suggests that an employment relationship existed. Finally, whilePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011