Ewens and Miller, Inc. - Page 2




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                    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 the               





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