- 4 - respondent’s motion to dismiss. In the response, petitioner stated it wanted to file an amended petition in which petitioner disputed respondent’s determination that petitioner’s sales personnel and graphics personnel were employees rather than independent contractors but no longer disputed the adjustments to tax and interest determined by respondent. We granted respondent’s motion to dismiss and filed the amended petition. On December 18, 2000, respondent filed an answer to the amended petition (first answer). In the first answer, respondent affirmatively alleged that Will L. Evans and Sherry L. Evans (Mr. and Mrs. Evans), shareholders of petitioner, were employees of petitioner during 1993, 1994, and 1995, and that petitioner is not entitled to “safe harbor” relief as provided by section 530 of the Revenue Act of 1978, Pub. L. 95-600, 92 Stat. 2763, 2885 (section 530), with respect to Mr. and Mrs. Evans’ classification as employees. Respondent affirmatively alleged additional facts to support this conclusion, including the fact that petitioner compensated Mr. and Mrs. Evans through the payment of commissions and other wages disguised as shareholder loans. On April 18, 2001, petitioner filed a Motion for Leave to File Second Amended Petition (motion for leave). In the motion for leave, petitioner relied on Congress’s amendment of section 7436(a), retroactive to the effective date (August 5, 1997) of section 7436(a), which provided this Court with jurisdiction toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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