- 2 - In the Notice of Determination Concerning Worker Classification Under Section 7436 (notice of determination), respondent determined: (1) For 1994 through 1996, Wiley L. Barron is to be legally classified as one of petitioner’s employees for purposes of Federal employment taxes under subtitle C of the Internal Revenue Code; and (2) petitioner is not entitled to relief from this classification under section 530 of the Revenue Act of 1978. These determinations have given rise to the following three issues for decision by the Court: (1) Whether the statute of limitations bars assessment of petitioner’s employment tax liabilities for the taxable periods in issue. We hold that it does not. (2) Whether Wiley L. Barron was an employee of petitioner for the taxable periods in issue. We hold that he was. (3) Whether petitioner is eligible for relief pursuant to section 530 of the Revenue Act of 1978, Pub. L. 95-600, 92 Stat. 2885. We hold that petitioner is not eligible for such relief. Background Most of the facts have been stipulated, and they are so found. The stipulated facts and attached exhibits are incorporated herein by this reference. Petitioner’s sole office was located in Pine Bluff, Arkansas, at the time that its petition was filed with the Court.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011