- 10 - employees of the company for purposes of Federal employment taxes under Subtitle C (Employment Taxes and Collection of Income Tax) of the Internal Revenue Code, and (2) petitioner was not entitled to “safe harbor” relief provided by section 530 of the Revenue Act of 1978, Pub. L. 95-600, 92 Stat. 2763, 2885. Respondent attached to the notice of determination a schedule detailing the proposed additional employment taxes.6 Respondent also asserted a section 6663 fraud penalty with respect to such additional taxes. Petitioner filed with the Court a timely petition seeking our review of the notice of determination pursuant to section 7436. The notice was issued after the expiration of the general 3-year period of limitations on assessment as set forth in section 6501(a). No consents extending the period of limitations have been executed. 6 In his petition, petitioner disputed the amounts of the employment taxes and penalties that were set forth on the schedule accompanying the notice of determination. We previously granted respondent’s motion to dismiss in part for lack of jurisdiction as to the amounts of employment taxes and related penalties, in keeping with our decision in Henry Randolph Consulting v. Commissioner, 112 T.C. 1 (1999). Subsequent to our granting of respondent’s motion, Congress amended sec. 7436(a) to provide the Tax Court with jurisdiction to determine the correct amounts of employment taxes that relate to the Secretary’s determination concerning worker classification. See Community Renewal Tax Relief Act of 2000 (CRTRA), Pub. L. 106-554, sec. 314(f), 114 Stat. 2763. This amendment was made retroactive to the effective date of sec. 7436(a). See id. sec. 314(g). Accordingly, we have since vacated our prior order to dismiss in part for lack of jurisdiction as to the amounts of employment taxes relating to respondent’s determination concerning worker classification.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011