- 13 - permanency of the relationship; and (7) the relationship the parties think they are creating. Ewens and Miller, Inc. v. Commissioner, 117 T.C. 263, 270 (2001); Profl. & Executive Leasing, Inc. v. Commissioner, 89 T.C. 225, 232 (1987), affd. 862 F.2d 751 (9th Cir. 1988). The factors should not be weighed equally but should be weighed according to their significance in the particular case. Aymes v. Bonelli, 980 F.2d 857, 861 (2d Cir. 1992); Youngs v. Commissioner, T.C. Memo. 1995-94. We begin by noting that we received vastly different accounts from the parties regarding petitioner’s relationship with New Dimensions during the disputed pay period. New Dimensions claims that petitioner’s status changed from employee to independent contractor as a result of discussions between petitioner and Larry Pierreport, New Dimensions’ co-owner and vice president. Andrea D’Acunto, New Dimensions’ co-owner and president, testified that New Dimensions planned to terminate petitioner’s services to help reduce the company’s operating expenses.2 In an effort to retain his job, petitioner volunteered to remain with the company as an independent contractor, and New Dimensions agreed. Under the terms of their new oral agreement, petitioner agreed to accept a gross weekly income of $737.28 (which equaled petitioner’s previous net weekly salary after withholding) and forgo certain benefits, 2New Dimensions began experiencing financial difficulties in 1999, and the company filed for bankruptcy in August 2000.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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