- 16 - 64 T.C. 974, 984 (1975); Packard v. Commissioner, 63 T.C. 621, 629 (1975); sec. 1.1402(c)-1, Income Tax Regs. Relevant factors courts consider to determine whether an employer/employee relationship exists between the service provider and the hiring party include: (1) The hiring party’s right to control the manner and means by which the work is accomplished; (2) the skill required; (3) which party furnishes the equipment used and the place of work; (4) whether the work is part of the hiring party’s regular business; (5) the worker’s opportunity for profit or loss; (6) the manner in which the work relationship may be terminated; i.e., by one or both parties, with or without notice or explanation; (7) the permanency of the relationship; (8) the method of payment, whether by time or by the job; (9) whether the hiring party pays Social Security taxes; (10) whether the worker receives employee benefits; and (11) the relationship the parties believe they are creating. Clackamas Gastroenterology Associates, P.C. v. Wells, supra at 449-450; Nationwide Mut. Ins. Co. v. Darden, supra at 323-324; Horner v. Acosta, 803 F.2d 687, 693 (Fed. Cir. 1986); Spirides v. Reinhardt, 613 F.2d 826, 832 (D.C. Cir. 1979); Weber v. Commissioner, 103 T.C. at 387; Profl. & Executive Leasing, Inc. v. Commissioner, supra at 232; Simpson v. Commissioner, supra at 984-985; see also sec. 31.3401(c)-1(b), Employment Tax Regs. The factor generally considered fundamental for resolving thePage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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