Lisa Beth Levine - Page 26

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          her as a full-time, permanent, appointed, Federal employee as an            
          industrial hygienist.  Petitioner’s employment was subject to               
          completion of a 1-year probationary period beginning November 11,           
          1999.  Her service for purposes of career tenure and FERS/FSPS              
          also began November 11, 1999.  Petitioner’s service under the               
          personal service contracts did not apply toward her annual leave            
          accrual rate or retirement credit as a Federal employee.                    
          Petitioner was not paid for any unused accrued sick leave, and              
          the leave was not carried over as a credit under her direct hire            
          service.                                                                    
               The relationship created under the personal service                    
          contracts was intended to be a temporary one entered into for a             
          stated period.  It appears that, in November 1999, the State                
          Department, impressed with petitioner’s performance, decided to             
          hire her as an employee.  The length of petitioner’s employment             
          is consistent with her status as an independent contractor.  Cf.            
          Lewis v. Commissioner, T.C. Memo. 1993-635 (7-year employment               
          consistent with employee status).  This factor favors petitioner.           
               8.   Method of Payment                                                 
               Courts consider whether the worker was paid by time,                   
          indicative of an employee, or by the job, indicative of an                  
          independent contractor.  Petitioner was paid on the basis of a              
          40-hour week.  She worked 5 days per week, Monday through Friday,           
          8 hours per day from 8:30 a.m. to 5:15 p.m., with a 45-minute               






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