- 4 - the employer-employee relationship, has the status of an employee”. That definition is made applicable for self- employment tax purposes by section 1402(d). Whether an individual is an employee or an independent contractor is a question of fact determined by application of common law principles. Hosp. Res. Pers., Inc. v. United States, 68 F.3d 421, 424 (11th Cir. 1995) (stating that common law rules serve as the basis for classifying workers as employees or independent contractors); Weber v. Commissioner, 103 T.C. 378 (1994), affd. 60 F.3d 1104 (4th Cir. 1995); sec. 31.3401(c)-1(b), (d), Employment Tax Regs. The Court may consider various factors in determining the relationship between the parties. See Clackamas Gastroenterology Associates, P.C. v. Wells, 536 U.S. __, 123 S. Ct. 1673 (April 22, 2003); Weber v. Commissioner, supra at 387. No one factor, however, is controlling. Weber v. Commissioner, supra. After considering these factors, we conclude that petitioner was not an employee of TPD but performed his off-duty security services as an independent contractor. First, petitioner was not an employee of TPD while working off-duty assignments because TPD did not control petitioner’s off-duty employment activities. TPD’s control over petitioner’s conduct relating to off-duty security services (e.g., requiring officers to obtain approval prior to accepting off-duty jobs, imposing a minimum pay rate, and requiring officers to respond toPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011