- 22 - case is clearly distinguishable, however, as demonstrated by the fact that it neither cites Spicer Accounting, Inc. v. United States, supra, nor involves section 530. Indeed, Durando v. United States, supra, does not present any issue involving the classification of a service provider and does not even involve employment taxes. Rather, the case holds that passthrough income from an S corporation may not be treated as net earnings from self-employment for the purpose of a Keogh plan deduction.8 In view of the foregoing, we hold that petitioner is not eligible for relief under section 530. Conclusion We have carefully considered remaining arguments made by petitioner for a result contrary to that expressed herein and, to the extent not discussed above, we consider those arguments to be without merit.9 8 Although a shareholder of an S corporation may not establish a Keogh plan, the Court of Appeals stated that the S corporation may establish a retirement plan for its employees; the Court of Appeals also quoted from one of the Commissioner’s publications to the effect that an officer of an S corporation who performs substantial services is an employee of the S corporation. See Durando v. United States, 70 F.3d 548, 551 n.6 (9th Cir. 1995). 9 Among those arguments is petitioner’s allegation that respondent’s brief was filed 1 day late and that “Respondent should also be held to the rules.” Contrary to petitioner’s allegation, respondent’s brief was timely filed pursuant to sec. 7502(a).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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