Kevin and Bridget Naughton - Page 11




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               contractor.  An individual performing services as an                   
               independent contractor is not as to such services an                   
               employee under the usual common law rules.  Individuals                
               such as physicians, lawyers, dentists, veterinarians,                  
               construction contractors, public stenographers, and                    
               auctioneers, engaged in the pursuit of an independent                  
               trade, business, or profession, in which they offer                    
               their services to the public, are independent                          
               contractors and not employees.  [Emphasis added.]                      
               From such general principles, courts have identified a                 
          number of factors relevant in evaluating common law employment              
          status, including the following:  (1) The right of the hiring               
          party to exercise control over the manner and means, i.e., the              
          details, of the work; (2) the discretion of the hiring party over           
          the time and duration of the work; (3) the permanency of the                
          relationship; (4) the right of the hiring party to discharge; (5)           
          the source of and investment in the instrumentalities, tools, and           
          facilities of the work; (6) the method of payment; (7) the                  
          provision of employee benefits; (8) the opportunity of the hired            
          party for profit or loss; (9) the right of the hiring party to              
          assign additional projects; (10) the offering by the hired party            
          of services to the general public; (11) the skill required for              
          the work; (12) whether the type of work is part of the hiring               
          party’s regular business; and (13) the relationship the parties             
          believe they are creating.  Nationwide Mut. Ins. Co. v. Darden,             
          supra at 323; Beech Trucking Co. v. Commissioner, supra at 440;             
          Weber v. Commissioner, supra at 387; Kiddie v. Commissioner, 69             
          T.C. 1055, 1057-1058 (1978).                                                






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