119 T.C. No. 5 UNITED STATES TAX COURT JOSEPH M. GREY PUBLIC ACCOUNTANT, P.C., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 4789-00. Filed September 16, 2002. This is an action for redetermination of employment status. G is the president and sole shareholder of P, an S corporation. P failed to treat G as an employee. R determined that G was an employee of P’s for purposes of Federal employment taxes. 1. Held: P is subject to Federal employment taxes since G, an officer, is an employee within the meaning of secs. 3121(d)(1) and 3306(i), I.R.C. 2. Held, further, P had no reasonable basis for not treating G as an employee and therefore is not entitled to relief pursuant to sec. 530 of the Revenue Act of 1978, Pub. L. 95-600, 92 Stat. 2763, 2885, as amended. 3. Held, further, alternatively, P is not entitled to relief under sec. 530 of the Revenue Act of 1978, because such provision is limited to worker classification issues arising under the common law.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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