Robert C. and Patricia C. Humphrey - Page 21

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                    (6) Permanency of the Relationship                                
               A relationship established to accomplish a specified                   
          objective is not indicative of an employment relationship.                  
          Ellison v. Commissioner, 55 T.C. at 155.  A transitory work                 
          relationship may point toward a nonemployee status.  Ewens &                
          Miller, Inc. v. Commissioner, supra at 273.                                 
               Petitioner testified neither he nor i2 contemplated a                  
          continuing relationship.  He asserted his advisory position began           
          in January 2000 and terminated in October 2000, when his                    
          replacement was found.  The continued relationship was for a                
          brief period and merely to accomplish a specific objective.  This           
          factor indicates an absence of an employee-employer relationship.           
                    (7) Relationship the Parties Thought They Created                 
               Petitioner argued at trial and in brief that he and Mr.                
          Brady created a new employee-employer relationship before he                
          retired on December 31, 1999, which lasted until October 2000.              
          The record indicates no such relationship was created with i2               
          after his retirement.                                                       
               An e-mail written by Mr. Brady to i2’s management praising             
          petitioner’s accomplishments stated petitioner’s termination was            
          effective December 31, 1999.  In response, i2’s CEO asked Mr.               
          Brady to send the e-mail to all employees of i2.  Furthermore,              
          petitioner’s Employee Termination Form and Notice of Right to               
          Convert Life Insurance stated he was terminated on December 31,             






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