- 21 - RHB’s profit-sharing plan. However, such an arrangement may also be found in employer-employee relationships and does not by itself weigh in favor of petitioners’ position. There is no indication in the record that petitioner would incur any loss if RHB ceased to be profitable. However, petitioner could be held personally liable if he breached his fiduciary duties to his clients. In this limited sense, petitioner did bear some risk of loss. This factor tends to support a finding that petitioner was an employee of RHB, but its significance is mitigated by petitioner’s participation in RHB’s profit-sharing plan and his potential personal liability. 6. The Permanency of the Relationship and the Right To Discharge The permanency of a relationship indicates an employer- employee relationship, while a transitory relationship does not. Levine v. Commissioner, T.C. Memo. 2005-86; Hathaway v. Commissioner, T.C. Memo. 1996-389. Additionally, the right to discharge a worker and the worker’s right to quit at any time indicate an employer-employee relationship. Levine v. Commissioner, supra. Under the employment agreement, the relationship between petitioner and RHB was indefinite, subject to the termination provision. Under the termination provision, RHB had the right to discharge petitioner with 60 days’ notice without cause or immediately with cause. Petitioner had thePage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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