- 11 - petitioner would be an employee. We recognize that Empire’s supervision of the specifics of petitioner’s daily work was minimal. This, however, results from the professional nature of petitioner’s work. As we noted in James v. Commissioner, 25 T.C. 1296, 1301 (1956): The methods by which professional men work are prescribed by the techniques and standards of their professions. No layman should dictate to a lawyer how to try a case or to a doctor how to diagnose a disease. Therefore, the control of an employer over the manner in which professional employees shall conduct the duties of their positions must necessarily be more tenuous and general than the control over nonprofessional employees. Yet, despite this absence of direct control over the manner in which professional men shall conduct their professional activities, it cannot be doubted that many professional men are employees. * * * We also recognize that petitioner’s daily work life under his association with Empire may not have differed significantly from that when he was working as a sole proprietor. On a daily basis, this may have been true. But, it ignores the fact that petitioner’s relationship with former customers was fundamentally altered, albeit perhaps formally. Moreover, by joining Empire, petitioner chose the benefits of working for a corporation, and he cannot, when that form seems disadvantageous, disavow the corporate structure. See Moline Props. v. Commissioner, 319 U.S. 436 (1943). On balance, considering the record and weighing all of the factors, we conclude that petitioner was a common law employee and not an independent contractor. Since petitioner was not anPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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