- 10 - Petitioner claims that he was classified as an employee for unemployment insurance purposes by the New York State Department of Labor with respect to all work that he performed in 1987 and 1989 and also points to the fact that respondent determined that he received taxable unemployment compensation in 1989. The documentary evidence submitted by petitioner to corroborate his claim regarding the New York State Department of Labor falls far short of doing so. Nothing in these materials indicates what determination, if any, was made by the Department with respect to any given employer. Since the parties have agreed that petitioner worked in part as an employee in 1987 and 1989, and that petitioner had income in 1988, the fact that petitioner received unemployment compensation in 1989 is not probative with respect to whether he rendered some services as an independent contractor in 1987 and 1989. With respect to 1987, even if we accept petitioner's uncorroborated testimony concerning his responsibilities at Aerospace, we do not believe that he has shown that Aerospace had control over the "details and means by which * * * [the] result is [to be] accomplished", sec. 31.3121(d)-1(c)(2), Employment Tax Regs., such that petitioner was an employee under common-law principles, particularly given the temporary nature of the assignment and Aerospace's characterization of the arrangement as "consulting". With respect to 1989, petitioner's testimony isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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