Ronald E. Byers - Page 16




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          Length of the Relationship                                                  
               Because petitioner performed delivery services for ECI for             
          almost 6 years, petitioner had a long-term relationship with ECI.           
               This factor indicates an employment relationship.                      

          Parties’ Intent as to Type of Relationship Formed                           
               The June 9, 1999, operating agreement clearly states that              
          petitioner was to be treated as an independent contractor.                  
          Because petitioner worked for years under the operating agreement           
          and never objected to the Forms 1099 issued by ECI, the operating           
          agreement does not in any way support petitioner’s claim that an            
          employment relationship with ECI was intended.  Further,                    
          petitioner was treated by ECI as an independent contractor (i.e.,           
          no accrued paid leave, no health or pension benefits, and no wage           
          withholding).                                                               
               This factor indicates an independent contractor                        
          relationship.                                                               

          Substantial Costs Incurred                                                  
               Petitioner incurred substantial costs (i.e., 55 percent of             
          reported gross earnings) to lease a truck which allowed                     
          petitioner to make deliveries to and from ECI customers.                    
               This factor indicates an independent contractor                        
          relationship.                                                               









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