Harish K. and Maggy M.Pariani - Page 10

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          Respondent makes two arguments in response:  First, respondent              
          argues that petitioners may not invoke Section 530 because its              
          relief is available only to employers with respect to their                 
          liability for subtitle C employment taxes, and Dr. Pariani was              
          not an employer so liable.  Second, respondent argues that, even            
          if petitioners could invoke Section 530, the threshold                      
          requirements of that section have not been satisfied.  We agree             
          with respondent.                                                            
               Section 530 by its clear terms has limited application.  The           
          section designates certain circumstances where an "individual"              
          who has not been treated as an employee by the "taxpayer" shall             
          be deemed not to be an employee "for purposes of applying * * *             
          [employment] taxes * * * with respect to the taxpayer".  Sec.               
          530(a)(1), flush language.  "Taxpayer" as used in the context of            
          Section 530 refers to an employer, and "employment tax" for                 
          purposes of the section is defined as "any tax imposed by                   
          subtitle C" of the Internal Revenue Code.  Sec. 530(c)(1).  Thus,           
          Section 530 by its terms is confined to the applicability of                
          subtitle C taxes to an employer-taxpayer and operates to                    
          "terminate"6 such taxes if certain conditions are met.  As                  
          subtitle C taxes are not at issue in this case, Section 530 is of           
          no help to petitioners.  Moreover, even if petitioners could                


               6 The heading of Sec. 530(a) states:  "Termination of                  
          Certain Employment Tax Liability".                                          




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