- 2 - Subsequent to the trial in this case, Congress amended sec. 7436(a), I.R.C., to provide this Court with jurisdiction to decide the correct amounts of employment taxes that relate to the Secretary’s determination concerning worker classification. Community Renewal Tax Relief Act of 2000 (CRTRA), Pub. L. 106-554, sec. 314(f), 114 Stat. 2763. The amendment to sec. 7436, I.R.C., was made retroactive to the effective date of sec. 7436(a), I.R.C. CRTRA sec. 314(g). Held: pursuant to sec. 7436(a), I.R.C., this Court has jurisdiction over additions to tax and penalties found in subtitle F, chapter 68, including deciding the proper amounts of such additions to tax and penalties, related to taxes imposed by subtitle C with respect to worker classification or sec. 530 treatment determinations. Held, further, The CPWs, BWs, and OSWs are employees of P pursuant to sec. 3121(d)(2), I.R.C., because they were common law employees. Held, further, the RDs are employees of P pursuant to sec. 3121(d)(3)(A), I.R.C., because they were statutory employees. Held, further, P is not entitled to relief pursuant to sec. 530 of the Revenue Act of 1978, Pub. L. 95-600, 92 Stat. 2763, 2885. Roger Miller (an officer), for petitioner. Denise G. Dengler, for respondent. VASQUEZ, Judge: This case is before the Court on a petition for redetermination of a Notice of Determination Concerning Worker Classification Under Section 7436 (Notice of Determination). Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011