- 19 - addition, the degree of control necessary to find employee status varies according to the nature of the services provided. Weber v. Commissioner, 103 T.C. at 388. Finally, we must consider not only what actual control is exercised, but also what right of control exists as a practical matter. Professional & Executive Leasing, Inc. v. Commissioner, 862 F.2d at 754, 89 T.C. at 233- 234; Weber v. Commissioner, 103 T.C. at 387-388. TAG did not control, or have the right to control, the manner in which Hathaway conducted his sales activities, the means by which Hathaway solicited sales, or the results to be obtained. TAG did not require its sales representatives to use particular sales techniques or specific materials in making sales presentations or finding customers. TAG did not provide sales training or require its sales representative to attend sales meetings. TAG's sales representatives were left entirely to their own devices with respect to the manner in which they solicited sales and the scheduling of their time. TAG did not provide leads to its sales representatives, nor did TAG require its sales representatives to pursue or report on leads. Importantly, TAG did not have the right to change the method by which its sales representatives solicited sales. TAG did not require reports from its sales representatives, nor did TAG prohibit its sales representatives from carrying other, non-conflicting lines of merchandise. See Simpson v. Commissioner, 64 T.C. at 987. Sales representatives hiredPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011