Charles R. Clarke, D.B.A. Maxi's Today's Hair - Page 10




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          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.  Id.  All the facts and circumstances of each           
          case should be considered.  Id.                                             
               The right of control is ordinarily the crucial factor in               
          determining whether an employer-employee relationship exists.               
          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;           
          it is sufficient if he has the right to do so.  Sec. 31.3401(c)-            
          1(b), Employment Tax Regs.; see also Weber v. Commissioner, supra           
          at 388.  Similarly, the employer need not set the employee’s                
          hours or supervise every detail of the work environment to                  
          control the employee.  Gen. Inv. Corp. v. United States, 823 F.2d           
          337, 342 (9th Cir. 1987). Moreover, the degree of control                   
          necessary to find employee status varies according to the nature            
          of the services provided.  Weber v. Commissioner, supra at 388;             
          see also Reece v. Commissioner, T.C. Memo. 1992-335.                        
               Petitioner contends that he had no control over the                    
          individual beauticians he hired; therefore they were independent            
          contractors.  We disagree.                                                  
               Taking the record as a whole, we find that the individuals             






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