Lisa Beth Levine - Page 16

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          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 the                   






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