Walter and Susan Moore - Page 25




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                    a.  Degree of Control                                             
               The “degree of control” or “right to control” test is the              
          most important factor to consider in deciding the nature of a               
          working relationship.  Matthews v. Commissioner, 92 T.C. 351, 361           
          (1989), affd. 907 F.2d 1173 (D.C. Cir. 1990).  Consideration is             
          given not only to the control exercised by an alleged employer,             
          but also to the degree to which the alleged employer may                    
          intervene to impose control.  Radio City Music Hall Corp. v.                
          Commissioner, 135 F.2d 715, 717 (2d Cir. 1943); Weber v.                    
          Commissioner, 103 T.C. at 387.                                              
               Before January 13, 2001, petitioner was a member of CTI’s              
          strategic management team, she was expected to work at the office           
          full time, and she was required to be readily available to work             
          for CTI.  Beginning on January 13, 2001, as a result of the                 
          consulting agreement, petitioner was no longer required to work             
          (nor did she work) as many hours as she did beforehand, she no              
          longer had to be available to CTI at all times, and she was                 
          allowed to conduct her work for CTI at any location she pleased.            
          In addition, in contrast with her work for CTI before January 13,           
          2001, petitioner afterwards did not receive written evaluations,            
          she had the right to work for other companies, and she had the              
          right to subcontract CTI business to third parties.  Although               
          petitioner’s job was substantially similar to the one she did               
          before she began working for CTI pursuant to the consulting                 







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