- 11 - drove a truck for a delivery company. It seems clear that petitioner’s services were an integral part of the business of the respective principals. This factor supports the finding that petitioner was an employee. The next factor is the relationship the parties believe they created. Each of the principals treated petitioner as an employee. Petitioner was issued a Form W-2 by each principal, and there was withholding from petitioner’s paycheck. See Azad v, United States, 388 F.2d 74, 78 (8th Cir. 1968); Weber v. Commissioner, supra at 392. This factor supports a finding that petitioner was an employee. The final factor is employee benefits. There is nothing in this record as to any employee benefits paid by any of the principals. This factor is neutral. Considering all the factors, we conclude that petitioner was a common law employee, and accordingly gross income from the four employers involved should have been reported as salary or wages on Form 1040 and not gross receipts on Schedules C. Further, petitioner is not subject to self-employment tax as determined in the notice of deficiency. B. Expenses Based on our conclusions above, it is clear that any expense deductions claimed, if allowable, should be deducted as Schedule A, Miscellaneous Itemized Deductions.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011