- 8 -
subject to the 2-percent limitation of section 67(a). See sec.
62(a)(1).
Petitioner contends that he was a statutory employee under
section 3121(d)(3)(B) and, therefore, that he may report his
business-related income and expenses on Schedule C.
Section 3121(d) defines “employee” for employment tax
purposes as follows:
SEC. 3121(d). Employee.--For purposes of this
chapter, the term “employee” means--
(1) any officer of a corporation; or
(2) any individual who, under the usual
common law rules applicable in determining
the employer-employee relationship, has the
status of an employee; or
(3) any individual (other than an
individual who is an employee under paragraph
(1) or (2)) who performs services for
remuneration for any person--
* * * * * * *
(B) as a full-time life
insurance salesman;
Under section 3121(d)(3), however, the provisions of section
3121(d)(3)(B) apply only if a full-time life insurance salesman
does not have the status of an employee under the usual common
law rules applicable in determining the employer-employee
relationship. Lickiss v. Commissioner, T.C. Memo. 1994-103.
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