Kevin and Bridget Naughton - Page 12




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               In evaluating these factors, an additional axiom which has             
          become firmly entrenched in caselaw is that the extent of control           
          necessary to find employment status is less for a professional,             
          as opposed to a nonprofessional, worker.  Azad v. United States,            
          388 F.2d 74, 77 (8th Cir. 1968); Weber v. Commissioner, supra at            
          388; Profl. & Executive Leasing, Inc. v. Commissioner, 89 T.C.              
          225, 234 (1987), affd. 862 F.2d 751 (9th Cir. 1988); James v.               
          Commissioner, 25 T.C. 1296, 1301 (1956).  This Court, for                   
          instance, in a case involving a physician, early characterized              
          the requisite control as “more tenuous and general” and observed            
          that “despite this absence of direct control over the manner in             
          which professional men shall conduct their professional                     
          activities, it cannot be doubted that many professional men are             
          employees.”  James v. Commissioner, supra at 1301.                          
               As regards the instant case, we are satisfied that the                 
          foregoing criteria, in conjunction with the facts admitted and              
          deemed admitted, show as a matter of law that petitioner must be            
          treated as an employee.  Pursuant to Rule 90 and other materials            
          in the record, it has been established that DWP had sufficient              
          right to control the manner in which work was performed by                  
          petitioner during 1996 and 1997.  Petitioner was directly                   
          supervised by Dr. Miller, another individual hired by DWP.  DWP             
          scheduled all of petitioner’s appointments, Dr. Miller controlled           
          which patients petitioner saw, and all patients seen by                     






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