-25- 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 consultingPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NextLast modified: November 10, 2007