Damon C. Cicciari - Page 4

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          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 to           






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