Teddy R. and Cheryl D. McGinty, Jr. - Page 11

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          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 meals             





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