Kevin and Bridget Naughton - Page 10




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          739-740 (1989)).  Hence, absent an overriding statutory                     
          definition, common law agency principles apply in determining the           
          existence of an employment relationship.  Adcock v. Chrysler                
          Corp., 166 F.3d 1290, 1292 n.3 (9th Cir. 1999); see also Alford             
          v. United States, supra at 336; Beech Trucking Co. v.                       
          Commissioner, 118 T.C. 428, 440 (2002); Weber v. Commissioner,              
          supra at 386.                                                               
               General guidance addressing common law precepts can be found           
          in the explanation set forth in section 31.3121(d)-1(c),                    
          Employment Tax Regs.:                                                       
                    Common Law Employees.--(1) Every individual is an                 
               employee if under the usual common law rules the                       
               relationship between him and the person for whom he                    
               performs services is the legal relationship of employer                
               and employee.                                                          
                    (2) Generally such relationship exists when the                   
               person for whom services are performed has the right to                
               control and direct the individual who performs the                     
               services, not only as to the result to be accomplished                 
               by the work but also as to the details and means by                    
               which that result is accomplished.  That is, an                        
               employee is subject to the will and control of the                     
               employer not only as to what shall be done but how it                  
               shall be done.  In this connection, it is not necessary                
               that the employer actually direct or control the manner                
               in which the services are performed; it is sufficient                  
               if he has the right to do so.  The right to discharge                  
               is also an important factor indicating that the person                 
               possessing that right is an employer.  Other factors                   
               characteristic of an employer, but not necessarily                     
               present in every case, are the furnishing of tools and                 
               the furnishing of a place to work, to the individual                   
               who performs the services.  In general, if an                          
               individual is subject to the control or direction of                   
               another merely as to the result to be accomplished by                  
               the work and not as to the means and methods for                       
               accomplishing the result, he is an independent                         





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