Henry A. Rabago - Page 9




                                        - 8 -                                         

          of an employment relationship are the following: (1) The degree             
          of control exercised by the principal over the details of the               
          work, (2) the taxpayer's investment in facilities, (3) the                  
          taxpayer's opportunity for profit or loss, (4) permanency of the            
          relationship between the parties, (5) the principal's right of              
          discharge, (6) whether the work performed is an integral part of            
          the principal's business, (7) what relationship the parties                 
          believe they are creating, and (8) the provision of employee                
          benefits.  NLRB v. United Ins. Co., 390 U.S. 254, 258 (1968);               
          United States v. Silk, 331 U.S. 704, 716 (1947); Garrett v.                 
          Phillips Mills, Inc., 721 F.2d 979, 981 (4th Cir. 1983); Simpson            
          v. Commissioner, supra at 984-985; Leitch v. Commissioner, T.C.             
          Memo. 1993-154; sec. 31.3121(d)-1(c)(2), Employment Tax Regs.               
          (setting forth criteria for identifying common-law employees).              
          No one factor is determinative.  Community for Creative Non-                
          Violence v. Reid, 490 U.S. 730, 752 (1989).  Instead, all the               
          incidents of the relationship must be assessed and weighed.  NLRB           
          v. United Ins. Co., supra at 258; United States v. Silk, supra at           
          716; Simpson v. Commissioner, supra at 985.  The factors should             
          not be weighed equally but should be weighed according to their             
          significance in the particular case.  Aymes v. Bonelli, 980 F.2d            
          857, 861 (2d Cir. 1992); Matt v. Commissioner, T.C. Memo. 1990-             
          209.                                                                        







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011