John Pryor Green - Page 5

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          Petitioner must prove respondent wrong.  Rule 142(a); Welch v.              
          Helvering, 290 U.S. 111, 115 (1933).                                        
               Whether an employee-employer relationship exists in a given            
          situation is a factual question to which common law principles              
          apply.  Nationwide Mut. Ins. Co. v. Darden, 503 U.S. 318, 323               
          (1992); Weber v. Commissioner, 103 T.C. 378, 386 (1994), affd.              
          60 F.3d 1104 (4th Cir. 1995).  Factors that are relevant in                 
          determining the substance of an employment relationship include:            
          (1) The degree of control exercised by the principal over the               
          details of the work; (2) the taxpayer's investment in the                   
          facilities used in his or her work; (3) the taxpayer's                      
          opportunity for profit or loss; (4) the permanency of the                   
          relationship between the parties; (5) the principal's right of              
          discharge; (6) whether the work performed is an integral part of            
          the principal's regular business; (7) the relationship the                  
          parties believe they are creating; and (8) the provision of                 
          employee benefits.  NLRB v. United Ins. Co., 390 U.S. 254, 258              
          (1968); United States v. Silk, 331 U.S. 704, 716 (1947);                    
          Professional & Executive Leasing, Inc. v. Commissioner, 862 F.2d            
          751 (9th Cir. 1988), affg. 89 T.C. 225 (1987); Weber v.                     
          Commissioner, supra at 387; see also sec. 31.3121(d)-(1)(c)(2),             
          Employment Tax Regs. (setting forth criteria for identifying                
          employees under the common law rules).  No single factor is                 
          dispositive; the Court must assess and weigh all incidents of the           
          relationship.  Nationwide Mut. Ins. Co. v. Darden, supra at 324.            




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