- 15 - B. Employee or Independent Contractor Petitioner’s entitlement to the deduction at issue hinges upon the proper classification of her work relationship with the State Department. Petitioner asserts she performed services under the personal service contracts as an independent contractor.2 Respondent asserts that petitioner was a common law employee of the State Department. The term “employee” is not defined in the Internal Revenue Code. Consequently, whether an individual is an employee for purposes of section 401(c) is a factual question the answer to which depends upon the application of common law concepts. See Clackamas Gastroenterology Associates, P.C. v. Wells, 538 U.S. 440, 444-445 (2003); Nationwide Mut. Ins. Co. v. Darden, 503 U.S. 318, 322-323 (1992); Weber v. Commissioner, 60 F.3d 1104, 1110-1111 (4th Cir. 1995), affg. 103 T.C. 378 (1994); Air Terminal Cab, Inc. v. United States, 478 F.2d 575, 578 (8th Cir. 1973); Profl. & Executive Leasing, Inc. v. Commissioner, 89 T.C. 225, 232 (1987), affd. 862 F.2d 751 (9th Cir. 1988); Burnetta v. Commissioner, 68 T.C. 387, 397 (1977); Simpson v. Commissioner, 2Petitioner asserts that she cannot be an employee of the State Department because the personal service contracts specified that she was not an appointed Federal employee as defined in 5 U.S.C. sec. 2105. We need not address this argument, because we find that petitioner was an independent contractor and not a common law employee of the State Department.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011