Tracy Lee Milian - Page 8




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               individual who performs the services.  In general, if                  
               an individual is subject to the control or direction of                
               another merely as to the result to be accomplished by                  
               the work and not as to the means and methods for                       
               accomplishing the result, he [or she] is not an                        
               employee.                                                              
               The Court may consider various factors in determining the              
          relationship between the parties.  These factors include:                   
          (1) The degree of control exercised by the principal over the               
          details of the work; (2) which party invests in the facilities              
          used in the work; (3) the opportunity of the individual for                 
          profit or loss; (4) whether or not the principal has the right to           
          discharge the individual; (5) whether the work is part of the               
          principal's regular business; (6) the permanency of the                     
          relationship; and (7) the relationship the parties believe they             
          are creating.  However, no one factor dictates the outcome.                 
          Rather, we must look at all the facts and circumstances of each             
          case.  Weber v. Commissioner, supra.                                        
               The facts of this case are strikingly similar to the facts             
          in Kaiser v. Commissioner, T.C. Memo. 1996-526, affd. without               
          published opinion 132 F.3d 1457 (5th Cir. 1997), and March v.               
          Commissioner, T.C. Memo. 1981-339.  In accord with those                    
          opinions, we find for the following reasons that petitioner was             
          not an employee of the City of Fort Worth when he worked off-duty           
          for the school district and the housing authority.                          








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