- 25 - 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”.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Last modified: May 25, 2011