- 9 - III. Employment Status The parties in this case focus their dispute on whether petitioner is to be considered an employee or an independent contractor for Federal income tax purposes. In general, business expenses of an independent contractor, if otherwise allowable, are deductible in full pursuant to section 62(a)(1) and are reported on Schedules C. Unreimbursed business expenditures of an employee, on the other hand, are typically permitted only as miscellaneous itemized deductions under section 67, to the extent in excess of 2 percent of adjusted gross income, and are reported on Schedules A, Itemized Deductions. Petitioners maintain that petitioner is an independent contractor; respondent characterizes petitioner as an employee. Neither “independent contractor” nor “employee” is expressly defined in the Internal Revenue Code for purposes of Schedule C versus Schedule A deductions. Alford v. United States, 116 F.3d 334, 335-336 (8th Cir. 1997); Weber v. Commissioner, 103 T.C. 378, 386 (1994), affd. 60 F.3d 1104 (4th Cir. 1995). The Supreme Court, however, has established that “‘when Congress has used the term “employee” without defining it, we have concluded that Congress intended to describe the conventional master-servant relationship as understood by common-law agency doctrine.’” Nationwide Mut. Ins. Co. v. Darden, 503 U.S. 318, 322-323 (1992) (quoting Cmty. for Creative Non-Violence v. Reid, 490 U.S. 730,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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