Ewens and Miller, Inc. - Page 3




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          year in issue, and all Rule references are to the Tax Court Rules           
          of Practice and Procedure.                                                  
               The issues for decision are:  (1) Whether the workers1                 
          performing services for petitioner were employees during 1992;              
          (2) whether petitioner is entitled to “safe harbor” relief as               
          provided by section 530 of the Revenue Act of 1978, Pub. L. 95-             
          600, 92 Stat. 2763, 2885 (section 530); and (3) whether our                 
          jurisdiction to decide the proper amount of employment taxes2               
          provides the Court with jurisdiction to decide the proper amount            
          of additions to tax and penalties related to employment tax                 
          arising from worker classification or section 530 treatment                 
          determinations.                                                             
                                  FINDINGS OF FACT                                    
               Petitioner was a Virginia corporation that had its principal           
          place of business in Lorton, Virginia.  At the time it filed its            
          petition, petitioner had terminated its corporate status.  Prior            
          to and during 1992, petitioner manufactured bakery products such            
          as cookies, brownies, and cinnamon buns.                                    
               Peter Ewens (Ewens) was the president, and Roger Miller                

               1  Respondent concedes that the “consultant/outside                    
          professional service workers” were not employees of petitioner.             
               2  For convenience, we use the term “employment taxes” to              
          refer to taxes under the Federal Insurance Contributions Act, ch.           
          736, secs. 3101-3128, 68A Stat. 415 (1954), the Federal                     
          Unemployment Tax Act, ch. 736, secs. 3301-3311, 68A Stat. 439               
          (1954), and income tax withholding, secs. 3401-3406.                        




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