- 10 - Commissioner, supra; Simpson v. Commissioner, supra. No one factor is determinative; rather, all the incidents of the relationship must be assessed and weighed. NLRB v. United Ins. Co., supra. 1. Degree of Control The crucial test to determine the nature of a working relationship is the employer’s right to control the manner in which the taxpayer’s work is performed. Weber v. Commissioner, supra at 387. It is not necessary for the employer to exercise control over the details of the taxpayer’s work; rather, all that is necessary is that the employer have the right to control the details of the taxpayer’s work. Profl. & Executive Leasing, Inc. v. Commissioner, supra at 754; McGuire v. United States, 349 F.2d 644, 646 (9th Cir. 1965); Weber v. Commissioner, supra at 388. To retain the requisite control over the details of an individual’s work, the employer need not stand over the individual and direct every move made; it is sufficient that the employer has the right to do so. Weber v. Commissioner, supra at 388. Similarly, the employer need not set the individuals’s hours or supervise every detail of the work environment to control the individual. Gen. Inv. Corp. v. United States, 823 F.2d 337, 342 (9th Cir. 1987). While petitioner had control over his own sales performance, Manulife had the right to control the manner in which hePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011