George A. and Laurene S. Beitel - Page 5




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          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 facilities              






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