Samuel A. Cole - Page 8

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          he “was actually selling * * * computer software, and it was used           
          for the operation of the businesses” to which he was making the             
          sales presentation.  Petitioner’s employment does not fit the               
          specific categories of exceptions listed in section                         
          3121(d)(3)(D).  The evidence shows that petitioner was a common             
          law employee under section 3121(d)(2).                                      
               Some of the relevant factors used to decide whether an                 
          individual is a common law employee are:  (1) The degree of                 
          control exercised by the principal over the details of the                  
          individual’s work, (2) the individual's investment in facilities,           
          (3) the individual's opportunity for profit or loss,                        
          (4) permanency of the relationship between the parties, (5) the             
          principal's right of discharge, (6) whether the work performed is           
          an integral part of the principal's business, (7) what                      
          relationship the parties believe they are creating, and (8) the             
          provision of employee benefits.  See Nationwide Mut. Ins. Co. v.            
          Darden, supra at 323-324; NLRB v. United Ins. Co. of Am., 390               
          U.S. 254, 258 (1968); Simpson v. Commissioner, supra at 984-985;            
          Hathaway v. Commissioner, supra; see also sec. 31.3121(d)-                  
          1(c)(2), Employment Tax Regs.  No one factor is determinative.              
          Instead, all of the facts and circumstances of the relationship             
          must be weighed.  Nationwide Mut. Ins. Co. v. Darden, supra at              
          324; NLRB v. United Ins. Co. of Am., supra at 258; Ewens &                  
          Miller, Inc. v. Commissioner, supra at 270; Hathaway v.                     






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