- 4 - Security, FICA, and Federal and State income taxes on the payments. Petitioners filed a timely 1997 joint Federal income tax return. The taxable income reported on the return takes into account their election to itemize deductions. Income and deductions attributable to petitioner’s teaching assignments are reported on a Schedule C, Profit or Loss From Business, included with that return. The adjustments made in the notice of deficiency reflect respondent’s determination that in 1997 petitioner performed services for the universities as an employee, not as an independent contractor. Discussion Whether an individual is an employee or an independent contractor for Federal income tax purposes is a factual question to be determined with reference to common-law principles of agency. See Nationwide Mut. Ins. Co. v. Darden, 503 U.S. 318, 322-325 (1992); Weber v. Commissioner, 103 T.C. 378, 386 (1994), affd. 60 F.3d 1104 (4th Cir. 1995); Professional & Executive Leasing, Inc. v. Commissioner, 89 T.C. 225, 232 (1987), affd. 862 F.2d 751 (9th Cir. 1988). The relevant factors in determining the characterization of an employment relationship include: (1) The degree of control exercised by the principal over the details of the work; (2) which party invests in the facilitiesPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011