- 2 - Held, further, P’s motion to strike is denied. Brian C. Bernhardt, Paul L. B. McKenney, and Eric M. Nemeth, for petitioner. Linda C. Grobe, for respondent. OPINION VASQUEZ, Judge: This case is before the Court on petitioner’s Motion to Strike Paragraphs 9 and 10 of the Answer to Second Amended Petition. The parties have presented both written and oral arguments on the motion. Background Respondent issued to petitioner a Notice of Determination Concerning Worker Classification Under Section 7436 (notice of determination).1 Respondent determined that petitioner’s sales personnel and graphics personnel should have been treated as employees rather than independent contractors for 1993, 1994, and 1995, and made adjustments to the amounts of employment taxes2 1 Unless otherwise indicated, all references to secs. 6214(a) and 7436 are to the Internal Revenue Code, as amended, all other section references are to the Internal Revenue Code in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. 2 For convenience, we use the term “employment taxes” to refer to taxes under the Federal Insurance Contributions Act (FICA), ch. 736, secs. 3101-3128, 68A Stat. 415 (1954), and the Federal Unemployment Tax Act (FUTA), ch. 736, secs. 3301-3311, (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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