Lisa Beth Levine - Page 31

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          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 personal                   






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