- 31 - Other cases have found that the taxpayer was an independent contractor. See, e.g., Chin v. United States, 57 F.3d 722 (9th Cir. 1995); deTorres v. Commissioner, T.C. Memo. 1993-161. In Eren v. Commissioner, supra, Mr. Eren was an architect who worked for the State Department’s FBO from the late 1970s to at least 1990. He worked as a project director for the FBO under personal service contracts beginning in 1984. From July 1988 to June 1990, Mr. Eren worked as project director for the construction of an annex to the U.S. Embassy in Bogota, Colombia. He performed the essential, everyday chores of the FBO’s operations of constructing and maintaining embassies. Mr. Eren supervised the construction of the annex; he was bound by the construction documents for the building and could not exceed the budget. Mr. Eren’s contract required him to “perform appropriate functions and obligations in accordance with procedures or other directives issued by the Contracting Officer or his designee”. He was required to maintain a daily log and submit monthly progress reports. Mr. Eren was not a specialist hired to solve a problem. We found that Mr. Eren was an employee of the FBO. On appeal, the U.S. Court of Appeals for the Fourth Circuit affirmed our decision, but noted that it was arguably a close case. The case at bar is also a close case, but the totality of the stipulated facts leads us to conclude that petitioner’s relationship with the State Department under the personalPage: 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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