Dennis J. and Carol R. Kraus - Page 10




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          387 (1999), affd. 60 F.3d 1104 (4th Cir. 1995), relevant factors            
          and governing legal principles were described as follows:                   
               (1) The degree of control exercised by the principal                   
               over the details of the work; (2) which party invests                  
               in the facilities used in the work; (3) the opportunity                
               of the individual for profit or loss; (4) whether or                   
               not the principal has the right to discharge the                       
               individual; (5) whether the work is part of the                        
               principal's regular business; (6) the permanency of the                
               relationship; and (7) the relationship the parties                     
               believe they are creating.  Professional & Executive                   
               Leasing, Inc. v. Commissioner, supra at 232; Simpson v.                
               Commissioner, supra at 984-985. No one factor dictates                 
               the outcome.  Rather, we must look at all the facts and                
               circumstances of each case.  Azad v. United States, 388                
               F.2d 74, 76 (8th Cir. 1968); Professional & Executive                  
               Leasing, Inc. v. Commissioner, supra at 232; Simpson v.                
               Commissioner, supra at 985; Gamal-Eldin v.                             
               Commissioner, T.C. Memo. 1988-150, affd. without                       
               published opinion 876 F.2d 896 (9th Cir. 1989).                        
               The "right-to-control" test is the crucial test to                     
               determine the nature of a working relationship.                        
               Matthews v. Commissioner, 92 T.C. 351, 361 (1989),                     
               affd.  907 F.2d 1173 (D.C. Cir. 1990). The degree of                   
               control is one of great importance, though not                         
               exclusive.  Atlantic Coast Life Ins. Co. v. United                     
               States, 76 F. Supp. 627, 630 (E.D.S.C. 1948).                          
               Accordingly, we must examine not only the control                      
               exercised by an alleged employer, but also the degree                  
               to which the alleged employer may intervene to impose                  
               control.  Radio City Music Hall Corp. v. United States,                
               135 F.2d 715, 717 (2d Cir. 1943); DeTorres v.                          
               Commissioner, T.C. Memo. 1993-161. In order for an                     
               employer to retain the requisite control over the                      
               details of an employee's work, the employer need not                   
               stand over the employee and direct every move made by                  
               that employee.  Professional & Executive Leasing, Inc.                 
               v. Commissioner, supra at 234; Simpson v. Commissioner,                
               supra at 985; Gierek v. Commissioner, T.C. Memo. 1993-                 
               642; Atlantic Coast Life Ins. Co. v. United States,                    
               supra at 630. Also, the degree of control necessary to                 
               find employee status varies according to the nature of                 
               the services provided.  Reece v. Commissioner, T.C.                    
               Memo. 1992-335; Pulver v. Commissioner, T.C. Memo.                     
               1982-437.                                                              






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