Anthony S. D'Acquisto - Page 7




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          loss; (4) whether the principal can 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 believed they were creating.  See id.  All the facts and            
          circumstances of each case should be considered.  See id.                   
               The right of control is ordinarily the crucial factor in               
          determining whether an employer-employee relationship exists.               
          See Matthews v. Commissioner, 92 T.C. 351, 361 (1989), affd. 907            
          F.2d 1173 (D.C. Cir. 1990).  To retain the requisite control over           
          the details of an individual’s work, the principal need not stand           
          over the individual and direct every move made by the individual.           
          See Weber v. Commissioner, supra at 388.                                    
               Petitioner failed to establish that he had sufficient                  
          control over the relationship at the time service was rendered to           
          be classified as an independent contractor.  According to                   
          petitioner’s own testimony, upon acceptance of a job, the hiring            
          company provided a script and instructed petitioner to read it              
          according to the company’s specifications.  If the company                  
          preferred a change in how the script was read, petitioner would             
          be required to make the requested adjustments.                              
               Petitioner argues that having the right to pick and choose             
          the jobs of his choice demonstrates he had control over his                 
          services.  However, petitioner failed to establish the details of           
          control he had over the engagement agreement once petitioner                






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