- 4 - (1) appointed in the civil service by one of the following acting in an official capacity-- (A) the President; (B) a Member or Members of Congress, or the Congress; (C) a member of a uniformed service; (D) an individual who is an employee under this section; (E) the head of a Government controlled corporation; or (F) an adjutant general designated by the Secretary concerned under section 709(c) of title 32. Pavich was certainly not “appointed in the civil service.” The Commissioner’s argument--that Pavich is Raytheon’s, and only Raytheon’s, “employee” at common law--is strong, but not without doubt: An individual may have more than one employer at the same time. “A person may be the servant of two masters * * * at one time as to one act, if the service to one does not involve abandonment of the service to the other.” 2 Restatement, Agency 2d, sec. 226 (1958). And previous cases decided under section 912(2) seem to have all involved taxpayers who had no connection with the Federal Government, rather than the sort of dual control Pavich credibly testified he was subject to. See, e.g., Grauvogel v. Commissioner, 768 F.2d 1087, 1089 (9th Cir. 1985) (Alaska State Department of Fish and Game biologist), affg. T.C. Memo. 1984-124. But we don’t need to dive into this murk. As the Commissioner also argues, section 912(2) requires an exempt cost-Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011