Stephen & Dawn Del Monico - Page 20

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          company that is on the verge of bankruptcy.  We believe it is               
          fair to characterize the parties’ agreement to change the                   
          petitioner’s status from employee to independent contractor as a            
          temporary arrangement resulting from the company’s financial                
          condition.  We conclude that this factor favors a finding that              
          petitioner was an independent contractor.                                   
               After a careful review of the record as a whole, we                    
          conclude that, as petitioner and New Dimensions intended,                   
          petitioner performed services as an independent contractor                  
          during the disputed pay period.  Accordingly, we hold that the              
          earnings in dispute are “net earnings from self-employment” for             
          purposes of section 1402(a), subject to the tax imposed on                  
          “self-employment income” under section 1401(a).                             
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             under Rule 155.                          



















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