U.R. Neely - Page 14




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          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.                                   










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