- 8 - relationship; (7) the relationship the parties believe they are creating; and (8) whether fringe benefits are provided. Weber v. Commissioner, supra at 387; Lozon v. Commissioner, T.C. Memo. 1997-250. Other relevant factors are (9) the degree of skill required on the part of the worker, and (10) whether the worker makes his services available to more than one company and to the general public. Breaux & Daigle, Inc. v. United States, supra at 51; Jacobs v. Commissioner, supra. In this case, the degree of control exercised by the principal is of little or no relevance since the worker, Dr. Pariani, is president and sole shareholder and therefore controls the principal, the Association. Jacobs v. Commissioner, supra. On the basis of the remaining factors, we conclude that Dr. Pariani was an employee rather than an independent contractor. Dr. Pariani had a permanent relationship with the Association. The Association's line of business was the provision of medical services, and the work Dr. Pariani performed was not just part of this line of business but coterminous with it. Dr. Pariani was integral to the Association's business; in 1992, his compensation for medical services was over four times as great as the compensation paid to all other providers of medical services. His services were essential to the Association. See Weber v. Commissioner, supra at 391; Jacobs v. Commissioner, supra. Although he was not the sole provider of medical services, he wasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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