Orion Contracting Trust, Kevin Peter Carmel, General Manager - Page 12

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          440, 448 (2003); Leavell v. Commissioner, 104 T.C. 140, 149                 
          (1995).  All that is necessary is that the principal have the               
          right to control the details of the individual’s work.  Ewens &             
          Miller, Inc. v. Commissioner, supra at 270.                                 
               Petitioner stipulated that the workers in question were                
          under its direction and control.  Petitioner’s managers, Carmel             
          and Damigos, were responsible for their management and                      
          supervision.  When petitioner performed work at more than one               
          location during 1996, 1997, and 1998, petitioner determined which           
          location to send the workers to.  At trial, petitioner’s manager            
          Carmel again testified that the workers were under the control of           
          petitioner on the jobs they were working on for petitioner.                 
          Accordingly, this factor weighs heavily towards a finding that              
          petitioner’s workers were in fact employees and not independent             
          contractors.                                                                
               Many of the other common law factors also evidence an                  
          employer-employee relationship.  For instance, the work performed           
          by these individuals was precisely of the type and kind                     
          performed in the normal course of petitioner’s business--                   
          repairing and waterproofing concrete.                                       
               Further, from the record of payments to these individuals              
          that respondent was able to compile, we find that many of the               
          individuals worked for petitioner for 2 or more years.  Thus, we            
          find that the relationship between petitioner and the workers               






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