Kenneth W. Frische - Page 5




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          determining the substance of an employment relationship some of             
          the factors to be considered 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 hired party for profit or loss; (4) whether              
          the type of work is part of the principal's regular business; (5)           
          the permanency of the relationship between the parties to the               
          relationship; (6) whether the principal has the right to                    
          discharge the individual; (7) whether the principal provides                
          benefits to the hired party typical of those provided to                    
          employees; and (8) the relationship the parties believe they are            
          creating.  See Nationwide Mut. Ins. Co. v. Darden, supra at 322-            
          324; Professional & Executive Leasing, Inc. v. Commissioner,                
          supra at 232-233; Weber v. Commissioner, supra at 387.  No one              
          factor is determinative; rather, all the incidents of the                   
          relationship must be assessed and weighed.  See Nationwide Mut.             
          Ins. Co. v. Darden, supra at 324.                                           
               The principal's right to control the manner in which the               
          taxpayer's work is performed ordinarily is the single most                  
          important factor in determining whether there is a common-law               
          employment relationship.  See Leavell v. Commissioner, 104 T.C.             
          140, 149 (1995).  However, the principal need not stand over the            
          taxpayer and direct every move.  Moreover, the degree of control            
          necessary to find employee status varies according to the nature            





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