Veterinary Surgical Consultants, P.C. - Page 9




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          represent remuneration for services rendered.  Spicer Accounting,           
          Inc. v. United States, 918 F.2d 90 (9th Cir. 1990); Joseph Radtke,          
          S.C. v. United States, 895 F.2d 1196 (7th Cir. 1990).                       
               Dr. Sadanaga’s reporting the distributions as nonpassive               
          income from an S corporation has no bearing on the Federal                  
          employment tax treatment of those wages.  He was petitioner’s sole          
          source of income.  And as petitioner’s sole full-time worker he             
          must be treated as an employee.  Spicer Accounting, Inc. v. United          
          States, supra at 94-95.  Accordingly, we hold that Dr. Sadanaga is          
          an employee of petitioner for the period at issue and, as such, the         
          payments to him from petitioner constitute wages subject to Federal         
          employment taxes.                                                           
               Despite our determination that Dr. Sadanaga is an employee of          
          petitioner, and that the payments to him from petitioner are wages          
          subject to Federal employment taxes, Section 530 allows petitioner          
          relief from employment tax liability if two conditions are                  
          satisfied.  Section 530(a)(1) provides in relevant part:                    
               (1) In general.-–If                                                    
                         (A) for purposes of employment taxes, the                    
                    taxpayer did not treat an individual as an                        
                    employee for any period * * *, and                                
                         (B) in the case of periods after December                    
                    31, 1978, all Federal tax returns (including                      
                    information returns) required to be filed by                      
                    the taxpayer with respect to such individual                      
                    for such period are filed on a basis                              
                    consistent with the taxpayer’s treatment of                       
                    such individual as not being an employee,                         






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