- 24 - In addition, respondent’s litigating position in his answer generally denies petitioner’s allegations. Because the answer does not contain any significant analysis, we rely upon the facts as developed by the examining agent as the reasoning behind respondent’s contentions. b. Was Respondent’s Litigating Position Reasonable? Whether petitioner properly classified its instructors as employees is a question of fact. See Weber v. Commissioner, 103 T.C. at 386; Packard v. Commissioner, 63 T.C. 621, 629 (1975). We generally accord significant weight to the amount of control a taxpayer exercises over its instructors since control is the “crucial test” in determining the nature of a working relationship. Gen. Inv. Corp. v. United States, 823 F.2d 337, 341 (9th Cir. 1987). In determining the nature of a working relationship, the threshold level of control for the creation of an employer-employee relationship varies depending on the nature of the services the worker provided. Weber v. Commissioner, supra at 387-388. Respondent conceded the ultimate issue: whether petitioner properly classified its instructors as independent contractors. This concession is not necessarily determinative that respondent’s prior position on that issue was unreasonable. Portillo v. Commissioner, 988 F.2d 27, 28 (5th Cir. 1993), revg. T.C. Memo. 1992-99. However, it is a factor that we mayPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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