- 2 - whether petitioner is liable, pursuant to section 1401,1 for self-employment tax. FINDINGS OF FACT In 1998, petitioner was a full-time police officer for the Tallahassee Police Department (TPD). During off-duty hours, petitioner provided security services to Sprint United Management Company, Moon Management, Inc., Tallahassee Mall Partners, Ltd., and Florida Institute of CPAs (off-duty employers). Each off- duty employer decided when to hire petitioner, paid him to patrol its premises to prevent disturbances and criminal activity, and set his work schedule. TPD required petitioner to obtain its permission prior to accepting off-duty assignments. In addition, TPD determined petitioner’s off-duty minimum pay rate, required him to wear his uniform when working off-duty security assignments, prohibited him from performing activities that were outside the scope of his law enforcement functions, and required him to monitor his police radio. TPD required petitioner to respond to criminal activity at his off-duty site as if he were on-duty. When responding to such incidents, petitioner was required to take direction from police supervisors. On occasion, TPD required petitioner to leave his off-duty assignment to respond to certain high priority 1 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the year in issue.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011