- 12 - 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 byPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011