- 5 - returned the proceeds to Automotive Emporium as an accommodation.2 The classification of the amount reported by Automotive Emporium as nonemployee compensation depends upon whether petitioner is a common law employee or an independent contractor for Federal income tax purposes. See Weber v. Commissioner, 103 T.C. 378, 386-387 (1994), affd. 60 F.3d 1104 (4th Cir. 1995). Courts have identified a number of factors relevant in evaluating common law employment status, including the following: (1) The right of the hiring party to exercise control over the manner and means of the work; (2) the discretion of the hiring party over the time and duration of the work; (3) the permanency of the relationship; (4) the right of the hiring party to discharge; (5) the source of and investment in the instrumentalities, tools, and facilities of the work; (6) the method of payment; (7) the provision of employee benefits; (8) the opportunity of the hired party for profit or loss; (9) the right of the hiring party to assign additional projects; (10) the offering by the hired party of services to the general public; (11) the skill required for the work; (12) whether the type of work is part of the hiring 2 We note the discrepancy between the amounts reflected in the Form 1099-MISC, Miscellaneous Income, $21,552, and the checks totaling $20,167.55. Petitioner has not “asserted a reasonable dispute” with respect to the income reported on an information return, nor fully cooperated with respondent, so as to place on respondent the burden of producing reasonable and probative information in addition to the Form 1099-MISC. See sec. 6201(d); McQuatters v. Commissioner, T.C. Memo. 1998-88. Given the nature of petitioner’s incredible testimony, we accept the $21,552 as the amount paid to petitioner.Page: Previous 1 2 3 4 5 6 7 8 Next
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