Walz v. Commissioner

T.C. Summary Opinion 2005-1 (2005)

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Walz v. Commissioner

United States Tax Court
T.C. Summary Opinion 2005-1 (2005)

SH

Facts

John Walz was a professional, world-renowned cellist. During the year 2000, Walz offered his professional services to various musical organizations. Walz performed for the Los Angeles Opera (opera) and had performed for the opera for 10 years prior. The opera selected the music to be performed, provided him with the music for the season, required him to attend rehearsal at a set time and duration, did not permit Walz to leave rehearsals unless he was excused, and set the dress uniform for performances. Walz also performed for the Long Beach Symphony (symphony) and had performed for the symphony for 20 years prior, under conditions similar to those of the opera. Both the opera and symphony considered Walz to be an employee. Both issued W-2s, made withholdings of various taxes, and made pension contributions on his behalf according to union contract. When it came time to file his tax return, Walz filed a Form 1040 as an independent professional musician and claimed deductions for business expenses. The commissioner disallowed all of Walz’s claimed deductions. The main question was whether Walz was an employee or independent contractor during the year 2000.

Rule of Law

Issue

Holding and Reasoning (Pajak, J.)

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