Wiley L. Barron, CPA, Ltd. - Page 21




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          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.                                                          








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