- 9 - Franchise Business International). Petitioner next argues that having the right to pick and choose the jobs of her choice demonstrates she had control over her services. However, petitioner failed to establish the details of control she had over any job. For instance, petitioner’s services were negotiated in contracts with Mr. Gans and his related businesses, but she failed to produce the contracts at trial. Without the contracts in the record for our review, we cannot assume that petitioner had the requisite control over her services. Finally, petitioner’s argument that consulting for a number of companies demonstrates a lack of continuity in the employer- employee relationship is without merit. In Kelly v. Commissioner, T.C. Memo. 1999-140, this Court found that working for a number of employers during a tax year does not necessitate treatment as an independent contractor. Petitioner’s failure to establish a record with any corroborating evidence militates against her case. Without the contracts before us, between either petitioner and Mr. Gans and his related businesses or petitioner and other companies (i.e., Avante Studios), we cannot find that their provisions corroborate petitioner’s claim that she was an independent contractor. In sum, petitioner has not demonstrated that she is entitled to treatment as an independent contractor. Consequently, we findPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011