Lisa Beth Levine - Page 30

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          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.             






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