Jack S. Morris and Dorothy Morris - Page 7




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          necessary business expenses, and petitioner failed to                       
          substantiate the expenses.                                                  
          1.  Statutory Employee                                                      
               Petitioner contends that he was a statutory employee under             
          section 3121(d)(3)(A), as he was a commission-driver who                    
          delivered bakery products.  Section 3121(d) defines “employee”              
          for employment tax purposes as follows:                                     
                    SEC. 3121(d).  Employee.--For purposes of this                    
               chapter, the term “employee” means--                                   
                         (1) any officer of a corporation; or                         
                         (2) any individual who, under the usual                      
                    common law rules applicable in determining the                    
                    employer-employee relationship, has the status of                 
                    an employee; or                                                   
                         (3) any individual (other than an individual                 
                    who is an employee under paragraph (1) or (2)) who                
                    performs services for remuneration for any                        
                    person--                                                          
                              (A) as an agent-driver or commission-                   
                         driver engaged in distributing meat products,                
                         vegetable products, bakery products,                         
                         beverages (other than milk), or laundry or                   
                         dry-cleaning services, for his principal;                    
                         [Emphasis added.]                                            
          A taxpayer cannot be a “statutory employee” under section                   
          3121(d)(3)(A) unless he is not a common-law employee under                  
          section 3121(d)(2).  We therefore must decide whether petitioner            
          was a common-law employee or independent contractor, and                    










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