U.R. Neely - Page 10




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          employees of the company for purposes of Federal employment taxes           
          under Subtitle C (Employment Taxes and Collection of Income Tax)            
          of the Internal Revenue Code, and (2) petitioner was not entitled           
          to “safe harbor” relief provided by section 530 of the Revenue              
          Act of 1978, Pub. L. 95-600, 92 Stat. 2763, 2885.  Respondent               
          attached to the notice of determination a schedule detailing the            
          proposed additional employment taxes.6  Respondent also asserted            
          a section 6663 fraud penalty with respect to such additional                
          taxes.                                                                      
               Petitioner filed with the Court a timely petition seeking              
          our review of the notice of determination pursuant to section               
          7436.  The notice was issued after the expiration of the general            
          3-year period of limitations on assessment as set forth in                  
          section 6501(a).  No consents extending the period of limitations           
          have been executed.                                                         



               6  In his petition, petitioner disputed the amounts of the             
          employment taxes and penalties that were set forth on the                   
          schedule accompanying the notice of determination.  We previously           
          granted respondent’s motion to dismiss in part for lack of                  
          jurisdiction as to the amounts of employment taxes and related              
          penalties, in keeping with our decision in Henry Randolph                   
          Consulting v. Commissioner, 112 T.C. 1 (1999).  Subsequent to our           
          granting of respondent’s motion, Congress amended sec. 7436(a) to           
          provide the Tax Court with jurisdiction to determine the correct            
          amounts of employment taxes that relate to the Secretary’s                  
          determination concerning worker classification.  See Community              
          Renewal Tax Relief Act of 2000 (CRTRA), Pub. L. 106-554, sec.               
          314(f), 114 Stat. 2763.  This amendment was made retroactive to             
          the effective date of sec. 7436(a).  See id. sec. 314(g).                   
          Accordingly, we have since vacated our prior order to dismiss in            
          part for lack of jurisdiction as to the amounts of employment               
          taxes relating to respondent’s determination concerning worker              
          classification.                                                             



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