Harish K. and Maggy M.Pariani - Page 8

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          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 was           





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