Frederick C. Kumpel - Page 12

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          During the years in issue, the functions that petitioner hired              
          Smith and Mawson to complete were functions of the operation of             
          his law practice, including filing court documents, photocopying,           
          running errands, and sending outgoing mail.  These facts indicate           
          employee status.                                                            
               6.  Permanency of the Relationship                                     
               Smith worked for petitioner for 4 years, and Mawson worked             
          for petitioner for three quarters of 1997.  Respondent asserts              
          that these time periods are sufficient to create a permanent                
          relationship.  Petitioner argues that “there was never anything             
          permanent about the relationship with either Smith or Mawson.               
          The relationship was loose and transitory in every respect.”                
               A transitory work relationship may point toward independent            
          contractor status.  See Ewens & Miller, Inc. v. Commissioner, 117           
          T.C. at 273.  Smith, however, did not have a transitory                     
          relationship with petitioner.  Petitioner testified that Smith              
          could leave at any time for a better offer; however, this                   
          possibility does not demonstrate a transitory relationship.                 
          Although Smith and Mawson did not always work regular schedules             
          and Smith sometimes worked for third parties, they worked in the            
          course of petitioner’s regular business, and their respective               
          relationships with petitioner were not transitory in nature.                
               7.  Relationship the Parties Thought They Created                      
               Petitioner argued repeatedly at trial and on brief that he             
          intentionally established Smith and Mawson as independent                   





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