TN 9 (05-90)

RS 02505.090 The Setting in Which the Services Are Performed - Procedure

Whenever consideration of the factors in RS 02505.070-RS 02505.085 is inconclusive, consider the following:

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  The presence or absence of a paid manager, partner, or family member, who manages the business,

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  Whether beneficiary shares responsibility for management with such manager;

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  The kind and size of business and the amount of capital invested. If the beneficiary is rendering services in a business being conducted on a limited scale with little capital invested i.e., in the nature of a sideline to retirement, services are less likely to be substantial than if spent in a larger and more profitable business with considerable capital and which required skilled managerial services.

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  Whether or not the business is seasonal. In the off-season, services may be unimportant and less likely to be substantial.