- 21 - 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 employerPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011