Walter and Susan Moore - Page 26




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          agreement, there were significant changes after the agreement               
          that call into question the level of CTI’s control over                     
          petitioner.  This factor favors a nonemployee relationship.                 
                    b.  Investment in Facilities                                      
               After petitioner entered into the consulting agreement with            
          CTI, she continued to use her CTI office.  She was able, had she            
          wanted, to work anywhere she pleased after entering into the                
          agreement.  This factor is neutral.                                         
                    c.  Opportunity for Profit or Loss                                
               Beginning on January 13, 2001, petitioner had more                     
          flexibility and time to seek other employment.  She also was able           
          to subcontract the consulting work she did for CTI; this provided           
          her more time to seek other opportunities.  This factor favors a            
          nonemployment relationship.                                                 
                    d.  Permanency of the Relationship                                
               The consulting agreement contemplated that petitioner would            
          provide services to CTI for only one year, and it permitted the             
          parties to the agreement to terminate it with 30 days’ written              
          notice.  After entering into the agreement, petitioner worked               
          fewer hours than she had before and by August 2001 no longer had            
          responsibility over CTI’s human resource department.  This factor           
          favors a nonemployee relationship.                                          










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