- 6 - relationship); March v. Commissioner, supra. Any benefit TPD received by an increased police presence at petitioner’s off-duty assignments was incidental and similar in nature to the benefit to a police department when officers increase the police presence in a community by driving their police cruisers home. Milian v. Commissioner, supra; March v. Commissioner, supra. Finally, the off-duty employers had the ability to select and the power to discharge at will. Milian v. Commissioner, supra; March v. Commissioner, supra. Although there may be some facts that point to an employee- employer relationship (e.g., minimum pay rates and the requirement that officers respond to certain high priority calls) between petitioner and TPD, when taken as a whole the facts establish that petitioner was self-employed. Accordingly, we hold that the earnings in dispute are earnings from self-employment, subject to the tax imposed by section 1401. Contentions we have not addressed are irrelevant, moot, or meritless. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6
Last modified: May 25, 2011