Evans Publishing, Inc. - Page 2




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                    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...)           




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