Henry W. Radde and Susan K. Radde - Page 9

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          Cir. 1988).  The common-law definition of employee controls.                
          Nationwide Mut. Ins. Co. v. Darden, 503 U.S. 318, 322-323 (1992);           
          Weber v. Commissioner, supra at 386.                                        
               Relevant factors used to analyze whether an individual is to           
          be treated as an employee include the following:  (1) The degree            
          of control exercised by the principal over the details of the               
          work; (2) the degree of investment by the individual in the                 
          equipment used in the work; (3) the opportunity for profit or               
          loss; (4) whether or not the individual is subject to discharge;            
          (5) whether the work is part of the principal’s regular business;           
          (6) the permanency of the relationship; and (7) the intent of the           
          parties.  Weber v. Commissioner, supra at 387; Professional &               
          Executive Leasing, Inc. v. Commissioner, supra at 232; Simpson v.           
          Commissioner, 64 T.C. 974, 984-985 (1975).                                  
               Section 31.3401(c)-1(b), Employment Tax Regs., defines the             
          employer/employee relationship as follows:                                  

                    (b) Generally the relationship of employer and                    
               employee exists when the person for whom services are                  
               performed has the right to control and direct the                      
               individual who performs the services, not only as to                   
               the result to be accomplished by the work but also as                  
               to the details and means by which that result is                       
               accomplished.  That is, an employee is subject to the                  
               will and control of the employer not only as to what                   
               shall be done but how it shall be done. * * *  In                      
               general, if an individual is subject to the control or                 
               direction of another merely as to the result to be                     
               accomplished by the work and not as to the means and                   
               methods for accomplishing the result, he is not an                     
               employee.                                                              






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