- 21 - 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. TIGPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NextLast modified: November 10, 2007