- 8 - 3101, 3111. Petitioners maintain that none of the amounts paid to or on behalf of Michael and Jody constitute employee wages. They argue that respondent's treatment of portions of such amounts as employee wages is arbitrary. Section 3121(d) provides that the term "employee" means: (1) any officer of a corporation; or (2) any individual who, under usual common law rules applicable in determining the employer-employee relationship, has the status of an employee; * * * We first consider whether Michael and Jody provided services to the corporation as employees under common-law rules. Nationwide Mut. Ins. Co. v. Darden, 503 U.S. 318, 322-325 (1992). Whether an individual is a common-law employee is a question of fact. Weber v. Commissioner, 103 T.C. 378, 386 (1994), affd. per curiam 60 F.3d 1104 (4th Cir. 1995). Among the relevant factors to be considered in deciding the nature of the employer-employee relationship are the following: (1) The degree of control exercised by the principal over the details of the work; (2) which party invests in the facilities used in the work; (3) the hired party's role in hiring and paying assistants; (4) the permanency of the relationship between the parties to the relationship; (5) the extent of the hired party's discretion over when and how long to work; (6) whether the work performed is an integral part of the principal's business; (7) the relationship the parties believe they are creating; and (8) the provision of benefits typical of those provided to employees.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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