- 24 - Lewis v. Commissioner, supra. Petitioner worked for TIG for approximately 6 months in 2000. Petitioner was paid a nonrecoverable draw in the amount of $5,000 for the first 4 months, and then $2,500 for the fifth and sixth months. Thereafter, petitioner’s draw was recoverable against his sales commission on a month-to-month basis. In 2000, petitioner was entitled to a nonrecoverable draw for the entire period he worked; therefore, petitioner’s risk of loss was negligible, if not nil. The Court concludes that this factor weighs in favor of an employer-employee relationship. 4. Right To Discharge Employers typically have the power to terminate employees at will. Ellison v. Commissioner, supra at 155. The employment agreement provided that TIG could terminate petitioner at will with or without cause or notice. Notably, TIG exercised its termination right. Accordingly, the Court concludes that this factor weighs in favor of an employer-employee relationship. 5. Integral Part of Business Petitioner contends that he was not an integral part of TIG’s business. Petitioner claims that TIG was a “diverse company with separate divisions that sold” the following: (1) Services, (2) computer hardware, (3) office furnishings, (4) office supplies, (5) outside help-desk functions, and (6) “Application Service Processing”. Petitioner further assertsPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 NextLast modified: November 10, 2007