- 20 - taxpayer is precluded from obtaining section 530 relief with respect to that particular service provider in any subsequent taxable period. In order to satisfy the substantive consistency requirement of section 530, petitioner would have to establish that it did not treat Mr. Barron, or any service provider whose position was substantially similar to Mr. Barron’s, as an employee for any period after December 31, 1977. In the present case, Mr. Barron is the only C.P.A. who provided services for petitioner and the only individual who provided professional services for petitioner. Accordingly, in order to satisfy the substantive consistency requirement of section 530, petitioner would have to establish that it never treated Mr. Barron as an employee. However, Mr. Barron was treated as an employee in 1994 when: (1) Petitioner issued Mr. Barron a Form W-2 for the taxable year 1994; (2) petitioner included Mr. Barron’s compensation on its Form 941 for the fourth quarter of 1994 and computed its liability for FICA tax accordingly; and (3) petitioner included Mr. Barron’s compensation on its Form 940 for 1994 and computed its liability for FUTA tax accordingly. Because petitioner does not satisfy the substantive consistency requirement, petitioner is not eligible for relief under section 530.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011