- 18 - v. Commissioner, 92 T.C. 351, 361 (1989), affd. 907 F.2d 1173 (D.C. Cir. 1990); Youngs v. Commissioner, T.C. Memo. 1995-94. In the present case, according to Ms. D’Acunto, a primary difference in petitioner’s job during the disputed pay period was that petitioner basically set his own work hours and was allowed to work from home, which petitioner did on several occasions. Petitioner’s hours were a source of significant tension between petitioner and New Dimensions. The nature of commercial trucking requires dispatchers to work early in the morning as the best loads are often procured early in the day on a first-come, first-served basis. According to New Dimensions’ president, during the disputed pay period petitioner “more or less started to come in when he felt like it”. This diminution in New Dimensions’s control over petitioner’s working hours was significant. Under these circumstances, we consider the degree of control factor inconclusive for purposes of determining petitioner’s status as an employee or independent contractor during the brief disputed pay period. 3. Investment in Facilities Petitioner generally worked at the office furnished by New Dimensions, but he was permitted to work from home during the disputed pay period. Overall, these circumstances support an employer-employee relationship since petitioner only worked from home on a small number of occasions.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011