- 3 - owed by petitioner for 1993, 1994, and 1995. Respondent also determined additions to tax pursuant to section 6651(a)(1) and penalties pursuant to section 6662. On July 27, 2000, petitioner petitioned this Court. Petitioner disputed that its sales personnel and graphics personnel should have been treated as employees rather than independent contractors; i.e., petitioner sought a redetermination of the classification determined by respondent. Petitioner also disputed the amounts of the employment taxes, additions to tax, and penalties that were set forth on the schedule accompanying the notice of determination. On September 26, 2000, respondent filed a Motion to Dismiss for Lack of Jurisdiction and to Strike as to the Amounts of Employment Taxes Proposed for Assessment by the Respondent (motion to dismiss). Respondent sought to dismiss issues regarding the amounts of the employment taxes, the additions to tax, and the penalties and to strike from the petition references to the amounts of petitioner’s employment tax. Respondent relied on our decision in Henry Randolph Consulting v. Commissioner, 112 T.C. 1 (1999) (holding that we did not have jurisdiction to decide the amount of employment tax liabilities). On October 17, 2000, petitioner filed a response to 2(...continued) 68A Stat. 439 (1954), and income tax withholding, secs. 3401- 3406.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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