Charles R. Clarke, D.B.A. Maxi's Today's Hair - Page 11




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          listed in the notice of determination were employees in the years           
          at issue.  We arrive at this conclusion based on the following              
          facts.                                                                      
               There is no evidence that the parties believed they were               
          creating an independent contractor relationship besides                     
          petitioner’s self-serving testimony.  Forms W-2 were purportedly            
          issued for tax year 1994 to individuals he treated as employees             
          during 1994.  However, the record shows that Forms W-2 were also            
          issued to a number of beauticians, including those that provided            
          services after the first quarter of 1994.  Contrary to Mr.                  
          Brents’ testimony, there are no records of Forms 1099 issued to             
          any of the beauticians during 1994 or 1995, including those who             
          petitioner contends were independent contractors.  No beauticians           
          testified at trial.                                                         
               Petitioner relies on the terms of the purported chair rental           
          agreements to establish that the beauticians were independent               
          contractors.  He also relies on these contracts to show the                 
          parties’ intentions.  At trial, petitioner referred to a number             
          of contracts he entered into with the various beauticians who               
          provided services for him during the years at issue, but failed             
          to produce any contracts.  Without the contracts in the record              
          for our review, we cannot assume that petitioner created an                 
          independent contractor relationship with the beauticians.                   
               Petitioner had the authority to terminate a beautician for             






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