- 8 - individual who performs the services. 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 [or she] is not an employee. The Court may consider various factors in determining the relationship between the parties. These factors include: (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 opportunity of the individual for profit or loss; (4) whether or not the principal has the right to discharge the individual; (5) whether the work is part of the principal's regular business; (6) the permanency of the relationship; and (7) the relationship the parties believe they are creating. However, no one factor dictates the outcome. Rather, we must look at all the facts and circumstances of each case. Weber v. Commissioner, supra. The facts of this case are strikingly similar to the facts in Kaiser v. Commissioner, T.C. Memo. 1996-526, affd. without published opinion 132 F.3d 1457 (5th Cir. 1997), and March v. Commissioner, T.C. Memo. 1981-339. In accord with those opinions, we find for the following reasons that petitioner was not an employee of the City of Fort Worth when he worked off-duty for the school district and the housing authority.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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