- 8 - The regulations promulgated under section 3121(d) provide that an employer-employee relationship exists-- when the person for whom services are performed has the right to control and direct the individual who performs the services, not only as to the result to be accomplished by the work but also as to the details and means by which that result is accomplished. That is, an employee is subject to the will and control of the employer not only as to what shall be done but how it shall be done. * * * [Sec. 31.3121(d)-1(c)(2), Employment Tax Regs.] Petitioner argues that he performed services only in the capacity of an employee during the years in issue and therefore is not liable for any self-employment tax. The $7,900 determined by respondent to be self-employment income in 1987 was remuneration for petitioner's services paid by American Aerospace Industries, Inc. (Aerospace). Petitioner testified that his services for Aerospace were related to telephone marketing and consisted in reviewing past promotional materials and suggesting changes, editing telephone solicitation scripts and followup brochures, supervising telephone staff to insure that solicitations were being made correctly, and drafting press releases. Petitioner further emphasized that all of his work had to be performed on Aerospace's premises, that he was required to work specific hours, including a designated lunch hour, that he could not delegate any of his responsibilities or choose personnel, and that he had no discretion as to goals or timetables. The foregoing testimony was uncorroborated.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011