Colorado Mufflers Unlimited, Inc. - Page 8




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          Commissioner, 65 T.C. 333, 334 (1975), affd. 565 F.2d 954 (5th              
          Cir. 1978).  The deemed admissions establish the following:                 
               ! The nine workers listed in the notice of determination               
          worked at petitioner’s business location during the years in                
          issue.                                                                      
               ! Petitioner hired, supervised, and paid the workers for               
          their services.                                                             
               ! Petitioner dictated when, where, and how the workers                 
          performed their services, and petitioner set their work hours.              
               ! Petitioner controlled the amount of time each worker spent           
          performing services.                                                        
               ! Each worker was employed full time by petitioner and was             
          restricted from working for another employer.                               
               ! The workers provided services on petitioner’s premises and           
          used petitioner’s tools, materials, and equipment.                          
               ! The success or continuation of petitioner’s business                 
          depended upon the performance of the nine workers’ services.                
               ! The workers were regularly paid by the hour, week, or                
          month; they were not paid by job or on commission, nor did they             
          realize a profit or loss as a result of their services.                     
               ! Both petitioner and the workers had the right to terminate           
          the relationship.                                                           










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