- 30 - C. Conclusion Courts have noted that the determination of whether an employer/employee relationship existed can be a close question of fact. See, e.g., Eren v. Commissioner, 180 F.3d 594, 597 (4th Cir. 1999) (“Although this is arguably a close case, we cannot say from these facts that the tax court was clearly erroneous in finding that FBO had the right to control Eren’s activities.”), affg. T.C. Memo. 1995-555; Lifetime Siding, Inc. v. United States, 359 F.2d 657, 659 (2d Cir. 1966) (some evidence indicated employee status and some pointed toward an independent contractor status demonstrating “what may be said to have been a close question of fact”); Serv. Trucking Co. v. United States, 347 F.2d 671, 673 (4th Cir. 1965) (“It cannot reasonably be said that this record points indisputably to but a single answer. * * * But analysis of the facts warrants different determinations depending on the relative weight and significance the fact finder attaches to various circumstances shown.”). Some cases examining the relationship created by a personal service contract entered into by a Federal agency and a professional, similar to petitioner’s personal service contracts with the State Department, have concluded that the contract created an employee/employer relationship. See, e.g., Eren v. Commissioner, supra; Marckwardt v. Commissioner, T.C. Memo. 1991-347; Juliard v. Commissioner, T.C. Memo. 1991-230; Matt v. Commissioner, T.C. Memo. 1990-209.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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