- 10 - 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 independentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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