- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011