Joseph M. Grey Public Accountant, P.C. - Page 3




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               On May 1, 2000, petitioner filed a timely petition for                 
          review of respondent’s determinations, and, on July 24, 2000,               
          petitioner filed an amended petition for such review.  The                  
          parties agree that if, for Federal employment tax purposes,                 
          Mr. Grey was petitioner’s employee during the periods in                    
          question, and section 530 relief is not available, then the                 
          schedule accurately sets forth petitioner’s liabilities for                 
          Federal employment taxes for those periods.  The issues for                 
          decision are whether Mr. Grey was petitioner’s employee for these           
          purposes and, if so, whether petitioner is entitled to relief               
          under section 530.1                                                         
               Unless otherwise indicated, all section references are to              
          the Internal Revenue Code in effect for the taxable periods at              
          issue, and all Rule references are to the Tax Court Rules of                
          Practice and Procedure.  For convenience, dollar amounts have               
          been rounded to the nearest dollar.  Petitioner bears the burden            
          of proof.  See Rule 142(a).2                                                

               1  In its amended petition, petitioner disclaimed reliance             
          on sec. 530.  When this case was called for trial, petitioner               
          moved to amend its amended petition to raise sec. 530.                      
          Petitioner agreed to rely solely on the stipulation of facts to             
          support its claim for relief under sec. 530.  On that basis,                
          respondent had no objection to petitioner’s motion, and the Court           
          granted it.                                                                 
               2  Sec. 530(e)(4) places the burden of proof on the                    
          Secretary with respect to certain aspects of sec. 530.                      
          Sec. 530(e)(4) applies to disputes involving periods after                  
          December 31, 1996, and therefore does not apply to this case.               
          Small Business Job Protection Act of 1996, Pub. L. 104-188, sec.            
                                                             (continued...)           




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