Images in Motion of El Paso, Inc. - Page 21

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                    (2) Generally such 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 and means by                    
               which that result is accomplished. That is, an employee                
               is subject to the will and control of the employer not                 
               only as to what shall be done but how it shall be done.                
               In this connection, it is not necessary that the                       
               employer actually direct or control the manner in which                
               the services are performed; it is sufficient if he has                 
               the right to do so. The right to discharge is also an                  
               important factor indicating that the person possessing                 
               that right is an employer.  Other factors                              
               characteristic of an employer, but not necessarily                     
               present in every case, are the furnishing of tools and                 
               the furnishing of a place to work, to the individual                   
               who performs the services.  In general, if an                          
               individual is subject to the control or direction of                   
               another merely as to the result to be accomplished by                  
               the work and not as to the means and methods for                       
               accomplishing the result, he is an independent                         
               contractor. * * *                                                      
          We have held that even though the determination of employee                 
          status is to be made by common law concepts, a realistic                    
          interpretation should be adopted, and doubtful questions should             
          be resolved in favor of employment.  Ewens & Miller, Inc. v.                
          Commissioner, 117 T.C. 263, 269 (2001).                                     
               Section 530 of the Revenue Act of 1978 (section 530)                   
          provides relief from employment tax liability.  Pub. L. 95-600,             
          92 Stat. 2885 (as amended).  A taxpayer is entitled to relief               
          under section 530 if it demonstrates:  (1) It did not treat an              
          individual as an employee for employment tax purposes for any               
          period, sec. 530(a)(1); (2) it filed all required Federal tax               
          returns consistent with its treatment of the individual, id.; and           
          (3) it had “a reasonable basis for not treating an individual as            




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