Vivian C. Kerr - Page 5

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          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.                                              




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