- 8 - petitioner testified that he believed he was an independent contractor, his actions suggested otherwise. Petitioner’s original return, on which he claimed unreimbursed miscellaneous employee business expenses as a Schedule A adjustment, reflected the conclusion that he was an employee. Only after respondent’s determination of the deficiency, including the application of the alternative minimum tax due to large itemized deductions, did petitioner and his new tax return preparer conclude that he should have reported his income and expenses on a Schedule C. We acknowledge that some factors support a finding of an independent contractor relationship. For example, petitioner was required to provide his own tools and supplies, was not restricted in working for others, and was not a permanent member of the band. On the other hand, it appears from the evidence presented that Stewart paid for petitioner’s transportation and hotel bills while on tour.4 On balance, we are persuaded by those factors that support our position. B. Other Income We also find that petitioner received income from other activity as an employee. Petitioner failed to present any persuasive evidence to support a contrary finding and has 4 The hotel bills received in evidence reflect substantial charges for bar, movies, and room service, but no charges for room rent. Moreover, there are no documents in evidence that suggest that petitioner paid for his own transportation while traveling with the band.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011