- 10 - establish a home office qualifying under section 280A or any other investment in business facilities. See Lewis v. Commissioner, T.C. Memo. 1993-635. While working for Metamor, petitioner received a salary and was reimbursed for his traveling and for approved expenses. Robert Half paid petitioner an hourly rate that never changed in the time that he was there. The evidence shows no potential for risk of loss or opportunity for profit to petitioner. Petitioner’s position at Metamor was terminable at will, and he was, in fact, discharged. Petitioner’s position at Robert Half was temporary. There was no permanency of either relationship. Petitioner was a connection between the principal and the client at both Metamor and Robert Half. The work performed by petitioner was within the scope of the principal’s business. Metamor was in the business of computer software, and petitioner made the sales presentations and proposals to implement the software. Robert Half was in the business of providing temporary employees to businesses, and petitioner was a temporary employee for computer businesses while at Robert Half. Therefore, petitioner was an integral part of each of the businesses. It is apparent that petitioner’s employers considered him a common law employee. The statutory employee box on the Forms W-2 provided by Metamor and by Robert Half was not checked.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011