- 10 - means by which that result is accomplished.” Sec. 31.3121(d)- 1(c)(2), Employment Tax Regs.; see also Gamal-Eldin v. Commissioner, T.C. Memo. 1988-150, affd. without published opinion 876 F.2d 896 (9th Cir. 1989). With that guidance, we consider whether petitioner was a common law employee or independent contractor. Mr. Dixon controlled the details of when and how the work was to be performed at his residence. He dictated the means by which the duties were to be accomplished. Mr. Dixon supplied all the food, cooking utensils, and cleaning supplies. He specifically described how certain things were to be cleaned and what supplies were to be used. Mr. Dixon controlled the times meals were to be served and what was to be prepared. Petitioner had no investment expense, nor was she responsible for work expenses. Petitioner had no opportunity for income or loss, and Mr. Dixon could terminate petitioner at any time for cause. As we view the facts in this case, in light of the factors enumerated above, we find that petitioner was an employee of Mr. Dixon’s for 15 weeks during the year at issue. Because petitioner has established she was Mr. Dixon’s employee for 15 weeks in 1999, she has met the threshold requirement to invoke section 119. Accordingly, we must determine whether petitioner has met the remaining elements of section 119 to exclude from gross income the value of the mealsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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