Donald Victor Teschner - Page 6

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          Darden, 503 U.S. 318, 323-324 (1992); Matthews v. Commissioner,             
          92 T.C. 351, 360 (1989), affd. 907 F.2d 1173 (D.C. Cir. 1990);              
          Professional & Executive Leasing, Inc. v. Commissioner, 89 T.C.             
          225, 232 (1987), affd. 862 F.2d 751 (9th Cir. 1988).                        
               Courts look to several factors to decide whether an                    
          employment relationship exists.  Among them are the following:              
          (1) The degree of control exercised by the principal over the               
          manner in which work is performed; (2) the individual's                     
          investment in the facilities used; (3) the individual's                     
          opportunity for profit or loss; (4) whether or not the principal            
          has the right to discharge the individual; (5) the permanency of            
          the relationship; (6) whether the work performed is an integral             
          part of the principal's regular business; and (7) the                       
          relationship the parties believe they are creating.  United                 
          States v. Silk, 331 U.S. 704, 716 (1947); Simpson v.                        
          Commissioner, 64 T.C. 974, 984-985 (1975); sec. 31.3121(d)-                 
          1(c)(2), Employment Tax Regs.  These factors are not weighted               
          equally but must be evaluated according to their significance in            
          each particular case.  See Packard v. Commissioner, 63 T.C. 621,            
          630 (1975).                                                                 
               Although no one factor is dispositive, the employer's degree           
          of control over the details of an individual's work is the most             
          important consideration in determining the nature of the working            
          relationship.  E.g., Matthews v. Commissioner, supra at 361.  An            





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