Louis M. Pavich - Page 3

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          the Commissioner, by applying the common-law definition of who is           
          an employer of whom.  Looking to employment tax cases for                   
          analogies, the Commissioner asserts that Pavich is an employee of           
          the person for whom he performs the services, and who has the               
          right to control and direct him--not only as to the result he is            
          to reach, but also as to the details and means by which he                  
          reaches it.  See sec. 31.3121(d)-1(c)(2), Employment Tax Regs.              
               We are not so sure that the Commissioner is looking in the             
          right place to find the meaning of “employee”.  Section 912(2)              
          actually uses the term “civilian officers or employees of the               
          Government of the United States.”  These terms aren’t defined by            
          tax law, but their use is quite common in federal personnel law,            
          most of which is found in title 5 of the U.S. Code.  It is title            
          5 that has general definitions of these terms (which are, to be             
          sure, limited to “this title” (i.e., title 5)).  Section 2104 of            
          title 5 defines an “officer” as a justice or judge of the United            
          States and an individual who is--                                           
               (1) required by law to be appointed in the civil                       
                    service by one of the following acting in an                      
                    official capacity--                                               
                    (A)    the President;                                             
                    (B)    a court of the United States;                              
                    (C)    the head of an Executive agency; or                        
                    (D)    the Secretary of a military department.                    
               Section 2105 of that title defines as an “employee” anyone             
          who is an “officer,” plus an individual who is--                            





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