Robert Patrick Day - Page 22




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          trucking companies.  Although, petitioner never questioned the              
          witnesses about their worker status at those other companies,               
          petitioner testified that when he was a driver for other                    
          companies, he was treated as an independent contractor.                     
               Petitioner's experience by itself is not evidence of the               
          "long-standing recognized practice of a significant segment" of             
          the trucking industry.  See, e.g., Small Business Job Protection            
          Act of 1996, Pub. L. 104-188, sec. 1122, 110 Stat. 1755, 1766               
          (amending section 530 by adding new subsection (e), which                   
          provides that "in no event shall the significant segment                    
          requirement * * * be construed to require a reasonable showing of           
          the practice of more than 25 percent of the industry (determined            
          by not taking into account the taxpayer)").                                 
               The three statutory safe harbor methods are not the                    
          exclusive ways that a taxpayer may qualify for section 530                  
          relief.  A taxpayer may qualify by demonstrating that it had some           
          other reasonable basis for treating its workers as independent              
          contractors.  See H. Rept. 95-1748, at 5 (1978), 1978-3 C.B.                
          (Vol. 1) 629, 633 ("A taxpayer who can demonstrate a reasonable             
          basis for the treatment of an individual in some other manner               
          also is entitled to termination of employment tax liabilities.");           
          see also Boles Trucking, Inc. v. United States, supra at 239.               
               As evidence of a reasonable basis for treating the drivers             
          as independent contractors, petitioner proffered a letter dated             






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