Stephen & Dawn Del Monico - Page 18

                                       - 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