- 11 - unsatisfactory services because the beautician “made the entire place look bad”. Furthermore, despite the fact that beauticians could set their own work schedule, petitioner required beauticians to adjust their schedules to ensure walk-in customers could be served. Petitioner argues that the beauticians’ ability to work for other salons demonstrates a lack of continuity in the employer- employee relationship. We find this argument without merit. In Kelly v. Commissioner, T.C. Memo. 1999-140, this Court found that working for a number of employers during a tax year does not necessitate treatment as an independent contractor. After review of the entire record, we find that petitioner failed to establish that the beauticians in question were independent contractors. The weight of the evidence leads us to conclude that the beauticians were petitioner’s employees during the years at issue. Section 530 of the Revenue Act of 1978 Section 530 of the Revenue Act of 1978 provides relief for employers who mistakenly claim their employees as independent contractors. In other words, even under our finding that the beauticians were petitioner’s employees during the years at issue, petitioner may not be liable for the employment taxes if he falls under the safe harbor of section 530. In order for petitioner to prevail, he must show thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011