Charles R. Clarke, D.B.A. Maxi's Today's Hair - Page 8




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          available during Maxi’s normal business hours to accommodate                
          walk-in customers.  Beauticians were not precluded from working             
          for other salons.  Petitioner could terminate a beautician’s                
          services at any time, and, on a few occasions, beauticians were             
          dismissed for providing poor service.  Petitioner required all              
          beauticians to share reception duties, as needed.                           
               Health and disability insurance benefits were not provided             
          by petitioner.  Petitioner provided dental insurance for the                
          first quarter of 1994, although it was the beautician’s                     
          responsibility to maintain premium payments thereafter.  Vacation           
          and sick days were unpaid.                                                  
               In the notice of determination respondent determined that              
          the beauticians listed therein were employees of Maxi’s, and that           
          petitioner was not entitled to relief under section 530 of the              
          Revenue Act of 1978.  Respondent attached to the notice of                  
          determination an Agreement to Assessment and Collection of                  
          Additional Tax and Acceptance of Overassessment (Excise or                  
          Employment Tax) (Form 2504) in which respondent proposed that               
          petitioner consent to immediate assessment and collection of                
          $12,716.19 in taxes, and $4,375.66 in section 6651(a)(1) and                
          6656(a) additions to tax, consisting of the following amounts:              











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Last modified: May 25, 2011