Evans Publishing, Inc. - Page 4




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          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 to             






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