Beech Trucking Company, Inc., Arthur Beech, Tax Matters Person - Page 21




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          116 F.3d 334, 336 (8th Cir. 1997); MedChem (P.R.), Inc. v.                  
          Commissioner, 116 T.C. 308, 341 (2001); Profl. & Exec. Leasing,             
          Inc. v. Commissioner, 89 T.C. 225, 231 (1987), affd. 862 F.2d 751           
          (9th Cir. 1988).  Among the factors to which the courts have                
          looked to determine the existence of a common law employment                
          relationship are the following:  Control exercised over the                 
          details of the work; discretion exercised over the time and                 
          duration of the work; the source of the instrumentalities and               
          tools of the work; the permanency of the relationship; the right            
          to assign additional projects to the hired party; the right to              
          discharge; the method of payment; the provision of employee                 
          benefits; the opportunity for profit and loss; and whether the              
          type of work is part of the hiring party’s regular business.                
          Alford v. United States, supra at 337-338; Weber v. Commissioner,           
          103 T.C. 378, 387 (1994), affd. 60 F.3d 1104 (4th Cir. 1995);               
          Profl. & Exec. Leasing, Inc. v. Commissioner, supra at 232; see             
          also sec. 31.3401(c)-1(b), Employment Tax Regs.  Normally,                  
          control is the most significant factor in determining the nature            
          of a working relationship.  Weber v. Commissioner, supra at 387,            
          390.                                                                        
               Although the courts normally employ these common law factors           
          to determine whether a person in a two-party relationship is an             
          employee or an independent contractor, these factors are equally            
          applicable in determining the identity of the common law employer           






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