- 19 - Commissioner, supra at 387 (the degree of control necessary to find employee status varies with the nature of the services provided). Mrs. Speltz provided a sufficient level of direction and control for Mr. Speltz to perform his required duties under the circumstances. We find on the record that Mrs. Speltz had the right to control Mr. Speltz. In addition to the control factor, other factors support petitioners’ employer-employee characterization. For instance, Mrs. Speltz’s calendar notations during the years at issue confirm that Mr. Speltz consistently worked for the daycare, she paid Mr. Speltz in employee benefits, Mr. Speltz’s work was integral to the daycare’s operation, Mr. Speltz was trained to work in childcare, and petitioners’ employment contract evidences petitioners’ intent to create an employer-employment arrangement. See generally Community for Creative Non-Violence v. Reid, 490 U.S. 730, 751-752 (1989). Moreover, this case is distinguishable from cases finding that no employer-employee relationship existed among family members, usually where the taxpayers failed to substantiate the services provided. See, e.g., Shelley v. Commissioner, supra (taxpayer did not document any services the taxpayer’s spouse performed); Martens v. Commissioner, supra (little to no records substantiated the services provided). Petitioners substantiated the tasks Mr. Speltz performed in detail.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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