- 7 - of the facts and circumstances of each case, and no single factor is determinative. Ewens & Miller, Inc. v. Commissioner, supra at 270; Weber v. Commissioner, supra at 387. Although not the exclusive inquiry, the degree of control exercised by the principal over the worker is the crucial test in determining the nature of a working relationship. See Clackamas Gastroenterology Associates, P.C. v. Wells, 538 U.S. 440, 448 (2003); Matthews v. Commissioner, 92 T.C. 351, 361 (1989), affd. 907 F.2d 1173 (D.C. Cir. 1990). To retain the requisite degree of control over an employee, the employer need not direct the employee’s every move; it is sufficient if he has the right to do so. Weber v. Commissioner, supra at 387; see sec. 31.3401(c)- 1(b), Employment Tax Regs. In this case, petitioner controlled each job site, delegated responsibilities, and directed each of his worker’s actions to varying degrees based on the individual worker’s respective experience. This factor denotes the existence of an employment relationship. If a worker provides his own tools to perform a task for his principal, this may indicate that the worker is an independent contractor. See Breaux & Daigle, Inc. v. United States, 900 F.2d 49, 53 (5th Cir. 1990) (citing United States v. Silk, 331 U.S. 704, 706 (1947)). In this case, although the workers often used their own tools to perform jobs for petitioner, petitioner provided all materials for each job and reimbursed his workersPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008