- 10 - for all maintenance and fuel. Petitioner did not have an investment in either the goods delivered or the facilities. C. Opportunity for Profit or Loss Petitioner received a commission for the baked goods he delivered to IBC’s customers. Petitioner also received a base salary each week. Although petitioner did not receive commissions on the goods returned to IBC by its customers, IBC ultimately was responsible for any losses for goods returned. Therefore, petitioner did not have an opportunity for loss. D. Right To Discharge The record is silent with respect to this factor. E. Integral Part of Business IBC’s business was to produce, deliver, and provide baked goods to various customers, such as Costco and the Claim Jumper. IBC required drivers to deliver baked goods to IBC’s customers. This type of work was clearly within the scope of IBC’s regular business. F. Permanency of Relationship The record is silent with respect to this factor. G. Relationship Parties Believe They Created Petitioner believes that he was a statutory employee. The statutory employee box on the Form W-2 from IBC was not checked. Further, IBC paid the applicable payroll taxes and did not issue a Form 1099. These factors indicate that IBC treated petitionerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011