- 13 - C. Employee Status Under Section 3121(d)(1) Having disposed of petitioner’s principal arguments, we turn next to the rather straightforward application of section 3121(d)(1). The parties have stipulated that Mr. Grey was an officer of petitioner’s (president) and that he performed numerous services for petitioner. As a practical matter, those stipulations tend to establish Mr. Grey’s status as an employee under section 3121(d)(1) and section 31.3121(d)-1(b), Employment Tax Regs. However, it is conceivable that Mr. Grey was not acting in his capacity as president when he performed such services.6 For the sake of completeness, we now address that possibility. The parties did not stipulate whether Mr. Grey performed the services in question as petitioner’s president or in some other capacity (i.e., as an independent contractor). However, we think it a fair inference that Mr. Grey performed such services as petitioner’s president. We know that he was president and that he performed numerous services, and there is no convincing evidence, such as a service agreement, that petitioner engaged 5(...continued) law analysis as well. Petitioner’s focus on the court’s discussion of common law factors is therefore misplaced. 6 See Rev. Rul. 82-83, 1982-1 C.B. 151, 152 (“It is a question of fact in all cases whether officers of a corporation are performing services within the scope of their duties as officers or whether they are performing services as independent contractors.”).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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