- 2 - opinion shall not be treated as precedent for any other case. The issues for decision are whether petitioner qualifies as a statutory employee pursuant to section 3121(d)(3)(C) and is liable for the section 6651(a)(1) addition to tax. Background In 2002, petitioner worked for Action Learning Systems, Inc. (ALS) as an educational consultant for the Los Angeles Unified School District. Petitioner’s duties required her to visit schools, collect data, and input the collected data into a software template provided by ALS. ALS determined which schools petitioner would service and supplied the material and format for submitting the data. Petitioner was required to attend training at ALS’s facilities, where she was given a training manual, a CD with the template on it, and instructions on how to collect and input data. Petitioner returned, by e-mail, the templates to ALS after the data was entered. For 2002, ALS issued petitioner a Form 1099-MISC, Miscellaneous Income, with compensation of $66,150. ALS did not issue petitioner a W-2, Wage and Tax Statement, or withhold any taxes from petitioner’s compensation. On March 5, 2004, petitioner untimely filed her 2002 return, on which she reported Schedule C, Profit or Loss From Business, income of $66,150, but failed to compute self-employment tax. Petitioner did notPage: Previous 1 2 3 4 5 6 7 NextLast modified: March 27, 2008