Ewens and Miller, Inc. - Page 21




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          commission on their sales or the difference between the price               
          they charge the customers and the price they pay for the product            
          or service.  Sec. 31.3121(d)-1(d)(3)(i), Employment Tax Regs.               
               The route distributors fit within the definition of agent-             
          driver and commission-driver provided in the Code and                       
          regulations.  They each performed substantially all the                     
          distribution of bakery products for petitioner.  The route                  
          distributors did not have a substantial investment in the                   
          facilities other than those used for transportation.  The record            
          does not establish that their services were in the nature of a              
          single transaction.  The route distributors served customers                
          designated by petitioner as well as those they solicited on their           
          own, and their compensation was either a commission on their                
          sales or the difference between the price they charged and the              
          price they paid for petitioner’s bakery products.  Therefore, we            
          conclude that the route distributors were statutory employees.              
          III. Section 530                                                            
               Congress enacted section 530 to alleviate what it perceived            
          as the “overly zealous pursuit and assessment of taxes and                  
          penalties against employers who had, in good faith, misclassified           
          their employees as independent contractors.”  Boles Trucking,               
          Inc. v. United States, 77 F.3d at 239.  Thus, despite our                   
          conclusion that the cash payroll workers, bakery workers, route             
          distributors, and outside sales workers were employees of                   






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