Matthew Hudack and Kristen Hudack - Page 13

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               2.  Investment in Facilities                                           
               During the years in issue, petitioner worked out of                    
          Manulife’s Irvine office, which was his only work location.                 
          Indeed, petitioner’s business contact information listed the                
          Irvine office as his business address.                                      
               Moreover, Manulife employed at its Irvine office two support           
          employees to assist petitioner in his sales activities.  Manulife           
          was responsible for hiring, supervising, and paying these                   
          employees.  Although petitioner provided his own computer and fax           
          machine, he was not otherwise responsible for any business                  
          expenses associated with this office, including rent, office                
          supplies, equipment, and furniture.                                         
               This factor strongly suggests that petitioner was an                   
          employee of Manulife.                                                       
               3.  Opportunity for Profit or Loss                                     
               Petitioner received commissions based on his sales                     
          performance.  Manulife also reimbursed petitioner for his                   
          business expenses up to an annual limit.                                    
               Compensation on a commission basis is entirely consistent              
          with an employer-employee relationship.  Tex. Carbonate Co. v.              
          Phinney, 307 F.2d 289, 292 (5th Cir. 1962); Capital Life & Health           
          Ins. Co. v. Bowers, 186 F.2d 943 (4th Cir. 1951).  While                    
          petitioner conceivably could have suffered some loss as a result            
          of his sales activities, he may still be an employee under the              






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