Gary Lee Colvin - Page 24




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          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 asserts           







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