Ewens and Miller, Inc. - Page 25




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          workers, route distributors,11 and outside sales workers as                 
          independent contractors.12                                                  
               B. Conclusion                                                          
               In Erickson v. Commissioner, 172 Bankr. 900, 913 (Bankr. D.            
          Minn. 1994), the court noted:                                               
                    The essence of the safe harbor provision is to                    
               grant protection to the taxpayer who has consistently                  
               treated workers as independent contractors but has not                 
               been previously challenged by the IRS.  In effect,                     
               where the taxpayer’s filings have put the IRS on notice                
               and the IRS has not acted without delay, the taxpayer                  
               must be shielded from the compounding effects of the                   
               error.                                                                 
          In the case before us, petitioner is not in a position to receive           
          the protections provided by Congress because petitioner did not             
          satisfy the requirements of section 530(a)(1).  We conclude that            
          petitioner is not entitled to section 530 relief for any of its             
          bakery workers, cash payroll workers, route distributors, or                
          outside sales workers.                                                      
               To reflect the foregoing,                                              
                                                  An appropriate order                
                                             will be issued.                          



               11  We note that Miller testified that he was aware of                 
          regulations that provided that the route distributors should be             
          categorized as employees.                                                   
               12  We note that Miller testified that he knew that the                
          conversion of the workers from employees to independent                     
          contractors was not done correctly and that “it would screw up              
          the issue for payroll taxes”.                                               





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