Evans Publishing, Inc. - Page 6




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          additional facts to support this conclusion, including the fact             
          that petitioner compensated Mr. and Mrs. Evans through the                  
          payment of commissions, personal expenses, and other wages                  
          disguised as shareholder loans.  Respondent also alleged the tax            
          period, type of tax, amounts of employment taxes, amounts of                
          additions to tax, and the amounts of penalties petitioner was               
          liable for regarding the alleged wages paid to Mr. and Mrs.                 
          Evans.                                                                      
               On July 16, 2001, petitioner filed a Motion to Strike                  
          Paragraphs 9 and 10 of the Answer to Second Amended Petition                
          (motion to strike).3  On July 31, 2001, respondent filed an                 
          Objection to Petitioner’s Motion to Strike.  On August 20, 2001,            
          petitioner filed a reply.                                                   
               On October 31, 2001, the Court held a hearing on the motion            
          to strike.  At the hearing, respondent conceded that he has the             
          burden of proof regarding the classification of Mr. and Mrs.                
          Evans as employees and the compensation of Mr. and Mrs. Evans               
          through the payment of commissions and other wages disguised as             
          shareholder loans.                                                          
               At the hearing, the issue arose regarding whether, pursuant            
          to section 7436, the Court had jurisdiction over additional                 

               3  Pars. 9 and 10 of the second answer contain respondent’s            
          affirmative allegations regarding Mr. and Mrs. Evans’                       
          classification as employees, the compensation of Mr. and Mrs.               
          Evans through disguised loans, and petitioner’s liability for               
          additional tax, additions to tax, and penalties.                            





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