Ewens and Miller, Inc. - Page 23




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          employee if the taxpayer’s treatment of the individual was in               
          reasonable reliance on (1) judicial precedent, (2) published                
          rulings, (3) technical advice with respect to the taxpayer, (4) a           
          letter ruling to the taxpayer, (5) a past IRS audit of the                  
          taxpayer if the audit entailed no assessment attributable to the            
          taxpayer’s employment tax treatment of individuals holding                  
          positions substantially similar to the position held by the                 
          individual whose status is at issue, or (6) a longstanding                  
          recognized practice of a significant segment of the industry in             
          which the individual was engaged.  Sec. 530(a)(2); Veterinary               
          Surgical Consultants, P.C. v. Commissioner, 117 T.C. ___, ___               
          (2001) (slip op. at 10-11).  A taxpayer who fails to meet any of            
          the safe havens is still entitled to relief if the taxpayer can             
          demonstrate, in some other manner, a reasonable basis for not               
          treating the individual as an employee.  Veterinary Surgical                
          Consultants, P.C. v. Commissioner, supra at ___ (slip op. at 11).           
               A. Application of Section 530(a)(1)                                    
               Prior to 1992, petitioner treated all of its production                
          workers (cash payroll workers and bakery workers) as employees.             
          Prior to 1992, petitioner treated at least one route distributor            
          and at least two outside sales workers as employees.  Miller                
          testified that many of petitioner’s workers were employees in               
          1991.                                                                       
               In 1992, petitioner did not file Forms 1099 for (1) seven              






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