Henry Randolph Consulting - Page 2




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                                       OPINION                                         
               COHEN, Chief Judge:  In Henry Randolph Consulting v.                    
          Commissioner, 112 T.C. 1 (1999) (Randolph Consulting I), we                  
          considered and granted respondent's Motion to Dismiss for Lack of            
          Jurisdiction and to Strike as to the Amounts of Employment Taxes             
          Proposed for Assessment by the Respondent for the years in issue.            
          The case is now before the Court on Petitioner's Motion for                  
          Judgment on the Pleadings, which is more properly characterized              
          as petitioner's motion to dismiss for lack of jurisdiction, on               
          the ground that respondent did not issue a valid notice of                   
          determination concerning worker classification under section                 
          7436.  Unless otherwise indicated, all section references are to             
          the Internal Revenue Code in effect for the years in issue.                  
               As we discussed in detail in Randolph Consulting I, on                  
          March 19, 1998, respondent mailed to petitioner a Notice of                  
          Determination Concerning Worker Classification Under Section                 
          7436.  That notice stated in part:  "We have determined that the             
          individual(s) listed or described on the attached schedule are to            
          be legally classified as employees for purposes of federal                   
          employment taxes."  The attachments to the notice of                         
          determination did not include a list of the individuals by name.             
          They did include, however, a copy of Examination Changes--Federal            
          Unemployment Tax for 1995 (Form 4667) and Employment Tax                     
          Examination Changes Report for 1994 and 1995 (Form 4668),                    





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