Gary Lee Colvin - Page 21




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          test” for the employer-employee relationship.  Weber v.                     
          Commissioner, supra at 387.  “The employment relationship exists            
          when the principal retains the right to direct the manner in                
          which the work is done, and to control the methods used in doing            
          the work, and to control the details and means by which the                 
          desired result is accomplished.”  Ellison v. Commissioner, 55               
          T.C. 142, 152-153 (1970).  In order to obtain the requisite                 
          degree of control, “the alleged employer need not ‘stand over the           
          employee and direct every move that he makes.’”  Simpson v.                 
          Commissioner, supra at 985 (citing Atl. Coast Life Ins. Col. v.             
          United States, 76 F. Supp. 627, 630 (E.D.S.C. 1948).  In fact,              
          the employer need not set the employee’s hours.  Workers who set            
          their own hours are not necessarily independent contractors.                
          Ewens & Miller, Inc. v. Commissioner, supra at 270.                         
               In his argument that petitioner was a common law employee,             
          respondent relies predominately on the employment agreement and             
          the TIG Employee Handbook Manual (employee manual).  Respondent             
          contends that TIG controlled the details of petitioner’s work               
          because the employment agreement provides that the “Employee                
          shall perform such duties as are customarily performed by an                
          Account Executive, and such other duties as the President of                
          Employer * * * may require from time to time”.  Respondent then             
          asserts, based on the employee manual, that “Such duties include            
          TIG’s requirement that Petitioner attend weekly meetings.  TIG              







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