Jeffrey S. Kaiser and Gail F. Kaiser - Page 10

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          dispute in this case, namely, that the status of a police officer           
          changes from off-duty to on-duty if, while off-duty, the officer            
          observes criminal conduct and engages in a law enforcement                  
          activity in response to such conduct.  This change in status                
          occurs, however, regardless of whether the police officer is                
          engaged in providing police-type services to a third party, or is           
          merely off-duty and happens to be in an area where and when his             
          or her services are required.  This change in status has no                 
          bearing on whether a Texas police officer is prohibited as a                
          matter of law from earning and receiving compensation as an                 
          independent contractor.                                                     
               Petitioners also argue, as a matter of fact, that under the            
          common-law principles relevant to such determinations, the level            
          of control that the Department exerted over the services that               
          petitioner provided to the companies renders him an employee of             
          the Department with respect to such services.5                              


          5The relevant factors in determining the characterization of                
          an employment relationship include:  (1) The degree of control              
          exercised by the principal over the details of the work; (2) the            
          payee's investment in facilities; (3) the payee'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                   
          business; (7) what relationship the parties believe they are                
          creating; and (8) whether nonmonetary benefits are involved.                
          NLRB v. United Ins. Co., 390 U.S. 254, 258-259 (1968); Simpson v.           
          Commissioner, 64 T.C. 974, 984-985 (1975); Feivor v.                        
          Commissioner, T.C. Memo. 1995-107.  No one factor is                        
          determinative; rather all the incidents of the relationship must            
          be assessed and weighed.  NLRB v. United Ins. Co., supra at 258.            





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