Kevin R. Johnston - Page 35




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          between petitioner and WWMC.  Mr. Blazyk’s only contact with                
          Universal occurred when petitioner asked WWMC to issue the checks           
          for his services to Universal.  Until June 2000, Mr. Blazyk did             
          not know and never had any contact with Mr. Chisum, although Mr.            
          Chisum claims that he was either Universal’s trustee, or an                 
          officer or agent of Universal’s trustee, during most of                     
          Universal’s existence.  Finally, petitioner did not report (and             
          has not conceded) that he received any salary (or other income)             
          as a result of the payments made to Universal for his services.             
               All this leads us to conclude that there was no negotiation            
          between petitioner and Universal, and no contract requiring                 
          petitioner to supply his services to Universal and giving                   
          Universal the right to control petitioner’s work.  It also causes           
          us to conclude that Universal did not have a contract with WWMC             
          obligating Universal to provide services.  In this connection, we           
          note that petitioner did not testify (or offer any other                    
          evidence) about the nature of his employment relationship, if               
          any, with Universal, about the existence of any contracts he had            
          with Universal, or about Universal’s relationships or contracts             
          with the recipients of petitioner’s services.  In these                     
          circumstances, we draw the normal inference from petitioner’s               
          failure to offer evidence on these matters, which is that the               
          evidence, if produced, would not have been helpful to his cause.            







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