Wesley C. and Rhonda A. Wickum - Page 20

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          was required to use when selling insurance, and it is true that             
          one of several factors we relied on in Butts v. Commissioner,               
          supra, was the lack of a “‘canned’ sales method”.  However, there           
          is no evidence that Combined ever fired insurance agents merely             
          for straying from the scripted sales talk; indeed, there is                 
          evidence that Combined's senior management acquiesced in                    
          departures from the scripted presentation so long as products               
          were not misrepresented.  In any event, petitioner’s supervisory            
          activities constituted a much larger proportion of his work than            
          sales.                                                                      
               Petitioner was required by the language of the Contract to             
          abide by rules and regulations of Combined and by directions of             
          Combined’s authorized personnel.  However, in Feivor v.                     
          Commissioner, supra, we found the taxpayer to be an independent             
          contractor notwithstanding the fact that he entered into an                 
          agreement that obligated him to abide by company regulations and            
          provisions contained in the district manager’s manual and to                
          recruit, train, supervise, and motivate agents subject to the               
          direction of the company.  Moreover, in the instant case the                
          record reveals that petitioner routinely devised his own manner             
          and means of reaching results without regard to Combined’s                  
          written guidelines, and Combined’s senior management acquiesced             
          in such departures.                                                         
               The only significant difference between the instant case, on           
          the one hand, and the Butts line of cases and Feivor, on the                




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