Raymond O. Wright - Page 8

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          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.                    





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