- 2 - OPINION VASQUEZ, Judge: Respondent issued to petitioner a notice of determination concerning worker classification. Petitioner contends that such determination was time-barred under section 6501(a).1 Respondent contends that the period of limitations on assessment remains open, pursuant to section 6501(c), on account of petitioner’s fraudulent conduct. The Court, sua sponte, questioned whether we have jurisdiction to address these arguments in the context of a case brought under section 7436. For reasons discussed below, we hold that we possess such jurisdiction. Background During 1992, petitioner operated a sole proprietorship (the company) whose principal place of business was in Mesa, Arizona.2 Petitioner resided in Phoenix, Arizona, at the time the petition herein was filed. On June 11, 1998, respondent mailed to petitioner a Notice of Determination Concerning Worker Classification Under Section 7436, in which respondent determined that three individuals who performed services for the company during 1992 (the workers) were 1 Unless otherwise indicated, all section references are to the Internal Revenue Code, and all Rule references are to the Tax Court Rules of Practice and Procedure. 2 At trial, petitioner testified that he no longer owned the company. The record does not reflect, however, when petitioner’s ownership interest terminated.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011