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    Oct 2014
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    Default Re: Employee Receiving W-2 and 1099

    Quote Quoting Shadowbunny
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    The OP says these are letters required by the company, so wouldn't that fall under company work?
    Again, we do not know what the letters are for or what kind of practice it is. Assuming that they must be for the business of the firm without all the relevant facts is risks making a conclusion that turns out to be wrong. There is no rule of logic in which the fact that the firm requires these letters must compel the conclusion that the letters are related to the business of the firm itself. Certainly that is a very real possibility, and if you had to place bets on it without getting all the facts that would be the less risky bet to make. But it is not the only possible outcome; that bet could still be wrong. Without the details, it is not possible to state with certainty what the situation is. I’ve seen people make lots of assumptions over the years that turned out to be wrong because they didn’t bother to get all the details first before deciding on their conclusion. I’ve tried in my practice to learn from their mistakes and not make the same mistake myself. My motto, which I’ve stated before, is “assume nothing and verify everything.” One is less likely to get burned if he or she knows all the facts rather than simply making assumptions as to what they are. Here, if the letters are required for the business of the firm, why have the partners actually prepare the letters themselves (or have the partner pay to have someone else do it)? Surely, at least in most cases, it would be better for the firm to have their secretaries type the letters and let the partners spend their time on something more productive. Of course that does not prove that the letters are not for the business of the firm, but it gives me pause and reason to wonder just what these letters are for. It is not clear cut either way.

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