- 9 - 1957-1 C.B. 328, which determined that a part-time bookkeeper was an independent contractor. In Rev. Rul. 57-109, the bookkeeper worked without corporate direction or supervision over his work, provided his own working papers, and paid his own expenses. The company actually controlled the result of his work and not the manner in which he completed it. Petitioner’s case is distinguishable, in part, because of the level of control that petitioner exercised over Smith and Mawson. Petitioner further argues that he had no control over either Smith’s or Mawson’s work because they were free to set their own hours and were able to come and go as they pleased. This one aspect of the relationship, even if true, is not determinative. Petitioner’s proposed findings of fact recite many aspects of Smith’s and Mawson’s job over which petitioner exercised control. Petitioner agreed with respondent’s proposed findings of fact that petitioner had the authority to control how any file was closed by a secretary, to control what errands a secretary would run for him, to control how and when a document was filed in a court, to control how any incoming mail was handled, to control what went into the outgoing mail and how it was sent, and to control what documents were photocopied. In addition, petitioner states in his brief that he had “authority to control the manner in which Smith’s tasks were performed” subject to Smith’s schedule. Petitioner emphasized at trial and in his brief that, if Smith or Mawson were not in the office on a particular day, he would complete the tasks that they normally would complete.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011