- 9 - The question of whether an individual performs services for another as an employee or independent contractor is generally considered a question of fact. Packard v. Commissioner, 63 T.C. 621, 629 (1975). This Court has enumerated seven factors that should be considered in determining whether an individual is a common law employee: (1) The degree of control exercised over the details of the work; (2) the individual’s investment in the work facilities; (3) the individual’s opportunity for profit or loss; (4) whether the work is part of the principal’s regular business; (5) the principal’s right to discharge the individual; (6) the permanency of the relationship; and (7) the relationship the parties think they are creating. Ewens & Miller, Inc. v. Commissioner, 117 T.C. 263, 270 (2001); Profl. & Executive Leasing, Inc. v. Commissioner, 89 T.C. 225, 232 (1987), affd. 862 F.2d 751 (9th Cir. 1988). These factors are not weighted equally but must be evaluated according to their significance in each particular case. Teschner v. Commissioner, T.C. Memo. 1997-498. Although no one factor is controlling, the most fundamental is the degree of the principal’s control over the details of the work. Packard v. Commissioner, supra. Generally the common law employer-employee relationship exists when “the person for whom services are performed has the right to control and direct the individual who performs the services, not only as to the result to be accomplished by the work but also as to the details andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011