- 14 - petitioner to underreport employment taxes. In each case, the request to be paid in cash was initiated by the worker. Petitioner agreed to the workers’ requests because he needed additional labor to satisfy his exceptionally high volume of contracts. Furthermore, petitioner conditioned the arrangement on the understanding that the company would issue a Form 1099 reflecting the cash payments. Petitioner instructed Ms. Gerber to see that Forms 1099 were in fact issued to the workers. It was thus petitioner’s intent that the Commissioner be aware of the cash payments as opposed to the contrary. Respondent has not established, let alone on a clear and convincing basis, that petitioner intended to conceal, mislead, or otherwise prevent the collection of taxes. As a result, section 6501(c)(1) does not operate to extend the period of limitations on assessment beyond the 3-year period set out in section 6501(a). Accordingly, as the period of limitations expired prior to the issuance of respondent’s notice of determination, the assessment of any additional employment tax liability for the taxable periods in issue is barred. To reflect the foregoing, Decision will be entered for petitioner.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Last modified: May 25, 2011