Veterinary Surgical Consultants, P.C. - Page 11




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                    (A) judicial precedent or published rulings,                      
               whether or not relating to the particular industry or                  
               business in which the taxpayer is engaged, or technical                
               advice, a letter ruling, or a determination letter                     
               pertaining to the taxpayer; or                                         
                    (B) a past Internal Revenue Service audit (not                    
               necessarily for employment tax purposes) of the taxpayer,              
               if the audit entailed no assessment attributable to the                
               taxpayer’s employment tax treatment of individuals                     
               holding positions substantially similar to the position                
               held by the individual whose status is at issue * * *; or              
                    (c) long-standing recognized practice of a                        
               significant segment of the industry in which the                       
               individual was engaged * * *.                                          
               A taxpayer who fails to meet any of the safe havens is still           
          entitled to relief if the taxpayer can demonstrate, in some other           
          manner, a reasonable basis for not treating the individual as an            
          employee.  Id.                                                              
               Here, petitioner asserts that its position is supported by the         
          following excerpt from Durando v. United States, 70 F.3d 548, 552           
          (9th Cir. 1995):                                                            
               [It is] improper to treat income earned by a corporation               
               through its trade or business as though it were earned                 
               directly by its shareholders, even when, as here, the                  
               shareholders’ services help to produce that income.  An                
               S corporation’s income passes through to its shareholders              
               not because they helped to create that income, but                     
               because they are shareholders.                                         
               The excerpt relied upon by petitioner does not support                 
          petitioner’s position.  Respondent is not attempting to treat               
          petitioner’s income as though the income were earned directly by            









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