Quote Quoting Bubba Jimmy
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You would file form SS-8 to ask the IRS to make a formal determination of your status. However, you have a problem because either way you failed to report your income on your tax return, which the law requires you to do. You should prepare correct tax returns for any years involved, correctly reporting your income and deducting any legitimate business expenses in order to minimize your tax liability and penalties.
You can also go ahead and file the tax returns using form 8919 to report the income as wages and to shift the employer share of the social security and medicare taxes back to the employer. You can then use form 2106 and Schedule A to deduction any unreimbursed job related expenses.

However, that won't necessarily produce the best results, depending on the level of expenses that you had. Therefore you should run it both ways. (Schedule C vs filing an SS-8 and then using forms 8919, 2106 and Schedule A).