- 11 - petitioner's position with Big Train indicates that petitioner's duties, performance goals, and sales territory were set by the company's national sales manager. Additionally, petitioner was required to report the status of her accounts and work, as well as her schedule, to the national sales manager. B. Investment in Facilities The record does not contain any information as to petitioner's working conditions while she was employed by Peerless. Petitioner testified that while employed by Big Train, she worked mainly from her home and faxed or mailed her work and expenses to them. Petitioner has not provided any evidence as to any expenditures she may have made to establish or conform a workspace in her home in order to perform the duties of her job. In any event, maintenance of a home office alone would not be a sufficient basis for a finding that petitioner was an independent contractor rather than an employee. Lewis v. Commissioner, T.C. Memo. 1993-635. C. Opportunity for Profit or Loss Petitioner received a salary from Big Train as well as commissions on her sales. Big Train also paid some of her travel expenses. Petitioner received a biweekly base salary from Peerless and commissions on her sales. Peerless also reimbursed petitioner for her mileage.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011