- 15 - Petitioners in their opposition further averred that petitioner was given no instruction from DWP as to how to discharge his professional responsibilities; was provided no professional training by DWP; did not receive employee benefits such as health insurance, vacation pay, or pension participation; was not reimbursed for the expenses reflected on Schedules C; and could have incurred a loss, “though unlikely”. Petitioners also emphasized that the medical services performed by petitioner were not a key factor in the power generation business of DWP. In addition, petitioners attached to their opposition a photocopy of petitioner’s DWP identification badge, which states “CONTRACTOR MEDICAL”, and a Form 1099-MISC, Miscellaneous Income, which reports nonemployee compensation from DWP for 1990. Petitioners contend that both show DWP considered petitioner an independent contractor. Nonetheless, even if we were to accept petitioners’ above- recited factual allegations as accurate, they would fall far short of overcoming the conclusion compelled by the totality of the admitted facts. We particularly note that the two documentary items offered are at most a reflection of how the parties thereto viewed the relationship and even on that score are outweighed by the more contemporaneous and probative Forms W- 2. We also observe that petitioner apparently acquiesced in DWP’s use of Forms W-2 despite purported objections.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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