Evans Publishing, Inc. - Page 3




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          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.                                                                       





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