Walter and Susan Moore - Page 27




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                    e.  Principal’s Right of Discharge                                
               Petitioner’s consulting agreement was nonexclusive, and                
          either party could terminate the agreement with 30 days’ written            
          notice.  This factor favors a nonemployee relationship.                     
                    f.  Work as an Integral Part of Principal’s Business              
               After petitioner entered into the consulting agreement, she            
          was no longer as integral to CTI’s business as she was                      
          beforehand.  She worked fewer hours for CTI, the agreement lasted           
          only one year, she could pursue other consulting opportunities,             
          and she gave up all responsibility for CTI’s human resource                 
          department.  This factor favors a nonemployee relationship.                 
                    g.  Relationship of the Parties                                   
               Petitioner and CTI entered into a nonexclusive                         
          consulting agreement that stated specifically that petitioner was           
          an independent contractor.  In addition, CTI calculated                     
          petitioner’s income from her exercise of the stock options                  
          pursuant to section 83, as if she was not a CTI employee for the            
          3 months before the date of that exercise.  Further, petitioner             
          notified CTI’s section 401(k) plan that she had ceased working              
          for CTI as an employee on January 12, 2001.  This factor favors a           
          nonemployee relationship.                                                   
                    h.  Employee Benefits                                             
               During the period covered by the consulting agreement, CTI             
          paid petitioner’s health benefits pursuant to a plan for its                







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