- 4 - services are performed. See sec. 31.3121(d)-1(d)(3)(iii), Employment Tax Regs. An individual will not be a statutory employee, however, if the services are performed as a single transaction rather than part of a continuing relationship, or if the individual has a substantial investment in the facilities used in connection with the performance of the services. Sec. 3121(d)(3). Petitioner was not an officer of ALS, and we agree with the parties that petitioner was not a common law employee. Thus, petitioner meets the first two requirements of section 3121(d)(3)(C). Respondent contends that petitioner is not a “home worker” within the meaning of the section and, thus, does not qualify as a section 3121(d)(3)(C) statutory employee. Petitioner visited various schools in her assigned district to collect the data needed to complete her reports. Moreover, at her home petitioner entered the data into templates. Thus, petitioner performed services off the premises of the person for whom the services were performed. In addition, petitioner was given specific instructions on which schools to visit, the type of data to be collected from those schools, and the format for presenting the collected data. Thus, petitioner performed services according to specifications furnished by ALS. Respondent contends that petitioner does not, however, meet thePage: Previous 1 2 3 4 5 6 7 NextLast modified: March 27, 2008