Raymond O. Wright - Page 10

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               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 is              





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