Robert Patrick Day - Page 23




                                       - 23 -                                         
          March 31, 2000, sent to him from the Minnesota Department of                
          Economic Security (MDES).  The letter states:                               
               Based on the information we have in our files at this                  
               time we will not be making any further effort to hold                  
               you individually liable for the unemployment tax debts                 
               of the above business [Dayline Trucking].  If new                      
               information is made available that changes the                         
               situation you will be notified before any further                      
               action is taken.                                                       
               This letter does not support petitioner's assertion that he            
          is entitled to section 530 relief.  Petitioner could not have               
          relied on this letter for his treatment of the drivers as it is             
          dated 5 years after the year at issue in the instant case.                  
          Furthermore, the letter provides no indication of what                      
          information in the MDES files prompted the department to                    
          discontinue its efforts to hold petitioner liable for the                   
          unemployment debts of his company.  Petitioner has not proved               
          that he had a reasonable basis for treating his drivers as                  
          independent contractors.  Accordingly, we hold that petitioner is           
          not entitled to section 530 relief.                                         
               To reflect the foregoing,                                              
                                                   Decision will be entered           
                                             sustaining respondent's notice           
                                             of determination.                        











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