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Friday, depending on whether the band had a Thursday night
engagement. The band played the weekend in Chicago or traveled
to another Midwestern city. Regardless of where the band played
other nights, it played most Sunday nights at Andy’s Night Club
in Chicago. This was a “promotional” engagement through which
the band hoped to receive additional bookings. Petitioner
usually returned to Stoughton on Mondays.
Petitioner traveled by bus between Stoughton and Chicago.
While in Chicago, he stayed in different hotels depending on
availability and paid his own expenses including bus fare, meals,
and hotel rates. When traveling to cities other than Chicago,
the band paid for petitioner’s transportation from Chicago and
his lodging. Petitioner continued to pay for his own meals and
his bus fare between Stoughton and Chicago.
The band paid petitioner compensation for his services in
the amounts of $14,047, $17,262, $18,032, $15,107, and $11,625
during the years 1990, 1992, 1993, 1994, and 1995, respectively.
These amounts did not include reimbursement of the expenses
petitioner incurred when the band played outside of Chicago. The
band sent petitioner a Form 1099-MISC, Miscellaneous Income, each
year which reflected the amount paid as nonemployee compensation.
During 1995, petitioner left the band and was employed by
the city of Madison as a bus driver. For this employment,
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