- 6 - Respondent does not have an original or copy of the Form 1040X on file with the Internal Revenue Service. At trial, petitioner gave a second Form 1040X, signed on March 6, 2000, to respondent. Petitioner reported the settlement proceeds of $15,000 on her Schedule C, as gross income, on each Form 1040X. Petitioner further deducted, on each Form 1040X, attorney’s fees and costs, related to the litigation, under legal and professional services on Schedule C. However, on the Form 1040X signed on March 6, 2000, petitioner further deducted an amount paid to Mr. Anderson from the settlement award. In a notice of deficiency, respondent determined that settlement proceeds of $15,000 received by petitioner were fully includable in gross income and attorney’s fees and costs associated with the litigation were Schedule A miscellaneous itemized deductions, subject to the 2-percent limitation under section 67. Lastly, respondent determined that petitioner is not entitled to deduct payments made to her former husband from the settlement award. Independent Contractor or Employee To determine whether a taxpayer is an independent contractor or an employee, common-law rules apply. See Weber v. Commissioner, 103 T.C. 378, 387 (1994), affd. per curiam 60 F.3d 1104 (4th Cir. 1995). Courts consider various factors to determine whether an employment relationship exists between thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011