Tracy Lee Milian - Page 11




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          with regard to the off-duty positions.  Kaiser v. Commissioner,             
          supra.                                                                      
               The source and method of payment may also help establish               
          whether an employee/employer relationship existed.  March v.                
          Commissioner, supra.  In this case, both entities, the school               
          district and the housing authority, operate separately from the             
          City of Fort Worth/the Department.  Petitioner was paid                     
          separately by each entity and his earnings were never reported to           
          the Department.  The entities treated petitioner as an                      
          independent contractor and issued Form 1099's.  The City of Fort            
          Worth did not include the off-duty pay in his W-2 Form.                     
               Although there may be some factors that point to an                    
          employee/employer relationship, such as the use of the uniform              
          and equipment, these factors are not as significant as the                  
          factors which show that the Department was not petitioner's                 
          employer for his off-duty services.  In fact, the factors in                
          their totality show that petitioner was self-employed.                      
               To the extent that any of petitioner's other arguments were            
          not addressed by this Court, we have considered them and find               
          them to be without merit.                                                   
               We find that petitioner was not an employee of the City of             
          Fort Worth when he provided security for the school district and            
          the housing authority.  For the reasons above, and those                    
          expressed in March v. Commissioner, supra and Kaiser v.                     





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