Colorado Mufflers Unlimited, Inc. - Page 15




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          (1995).  The degree of control necessary to find employee status            
          varies with the types of services provided by the worker.  Weber            
          v. Commissioner, supra at 388.  However, the control factor does            
          not require a supervisor to stand over and direct every move made           
          by the worker; it is sufficient if the supervisor has the right             
          to do so.  Id.; see sec. 31.3401(c)-1(b), Employment Tax Regs.              
               Deemed admissions confirm that petitioner exercised control            
          over each of the nine workers.  Petitioner directed when, where,            
          and how each worker was to perform services.  Petitioner                    
          controlled the manner in which the workers performed.  Petitioner           
          set each worker’s work hours and controlled the amount of time              
          each person worked.                                                         
               This factor favors an employment relationship.                         
               2.   Investment in Facilities                                          
               The fact that a worker provides his or her own tools                   
          generally indicates independent contractor status.  Breaux &                
          Daigle, Inc. v. United States, supra at 53.  Respondent                     
          determined that the workers provided services using petitioner’s            
          equipment.  The deemed admissions establish that petitioner                 
          supplied the facility, equipment, and parts the workers used to             
          perform their services.                                                     
               This factor favors an employment relationship.                         










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