Kevin and Bridget Naughton - Page 9




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          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,             






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