- 11 - a statutory employee, he was aware that the “statutory employee” box on his Form W-2 was not checked. Petitioner consulted with a tax attorney and discussed the nature of his work and the policies he sold. Following the consultation, the attorney advised petitioner to file as a statutory employee. On his original return for 1990, he listed his occupation as “Insurance Sales”. He listed his business in the same way on his amended return. On his returns for 1992 and 1993, he listed his business as “Life Insurance Sales”. Combined withheld tax for all the years in issue. OPINION Statutory Employee Petitioners argue that petitioner was an employee under section 3121(d)(3)(B), i.e., a statutory employee, while respondent argues that petitioner does not qualify as a statutory employee. Section 3121(d) provides: For purposes of this chapter, the term “employee” means-- (1) any officer of a corporation; or (2) any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee; or (3) any individual (other than an individual who is an employee under paragraph (1) or (2)) who performs services for remuneration for any person-- * * * * * * * (B) as a full-time life insurance salesman; * * *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