Samuel A. Cole - Page 10

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          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.                     






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