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Petitioner was a member of the Professional Musicians,
American Federation of Musicians, Local 47; and Long Beach Area
Musicians Association, Local 353, American Federation of
Musicians.
Petitioner performed under union agreements. The following
are some of the agreements: Master Agreement between The Music
Center Opera Association and the Professional Musicians, Local
47; Agreement between The Musicians Association, Local 353, A.F.
of M. and The Long Beach Symphony Association.
Petitioner offered his professional services to various
musical organizations. There is no question but that petitioner
kept his abilities and his cellos in fine tune so that he could
perform in an exceptional manner. During 2000, petitioner
performed for 25 organizations and received 25 Forms W-2, Wage
and Tax Statement. The organizations withheld Federal, State,
Social Security, and Medicaid taxes from petitioner’s earnings.
Petitioner performed for the Los Angeles Opera (Opera) for
approximately 10 years. The Opera selected the music to be
performed. The Opera provided him with the music for the season.
The Opera required petitioner to attend rehearsals. The Opera
set the time and length of the rehearsals. Petitioner could not
leave the rehearsals unless he was excused. The Opera would set
the dress uniform, whether tuxedo or otherwise, for the
performances. Petitioner claimed he had “quite a bit of say”
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