Frederick C. Kumpel - Page 6

                                        - 6 -                                         
          running errands, filing, photocopying, preparing outgoing mail,             
          and tracking and paying bills.                                              
               Petitioner did not file Forms 941 for any of the years in              
          issue for either Smith or Mawson.  Petitioner did not file any              
          Forms 1099-MISC, Miscellaneous Income, for the work that Smith              
          and Mawson performed.  During the years in issue, petitioner                
          reported income from his law firm on a Schedule C, Profit or Loss           
          From Business.  Petitioner reported payments to Smith and Mawson            
          as “negative receipts” on the Schedule C and failed to indicate             
          that deductions were being taken for payments made for                      
          secretarial services.                                                       
                                       OPINION                                        
          Employment Status                                                           
               Whether an employer-employee relationship exists in a                  
          particular situation is a factual question.  Weber v.                       
          Commissioner, 103 T.C. 378, 386 (1994), affd. per curiam 60 F.3d            
          1104 (4th Cir. 1995).  For the purposes of employment taxes, the            
          term “employee” includes “any individual who, under the usual               
          common law rules applicable in determining the employer-employee            
          relationship has the status of an employee”.  Sec. 3121(d)(2);              
          sec. 3306(i).  Section 31.3121(d)-1(c)(2), Employment Tax Regs.,            
          defines the common law employer-employee relationship as follows:           
                    (2) Generally such relationship exists when the                   
               person for whom services are performed has the right to                
               control and direct the individual who performs the                     
               services, not only as to the result to be accomplished                 
               by the work but also as to the details and means by                    





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011