Joseph M. Grey Public Accountant, P.C. - Page 10




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                    (2) Employment status.-–The term “employment                      
               status” means the status of an individual, under the                   
               usual common law rules applicable in determining the                   
               employer-employee relationship, as an employee or as an                
               independent contractor (or other individual who is not                 
               an employee).                                                          
                         *    *    *    *    *    *    *                              
               (e)  Special rules for application of section.--                       
               (1)  Notice of availability of section.--An                            
               officer or employee of the Internal Revenue Service                    
               shall, before or at the commencement of any audit                      
               inquiry relating to the employment status of one or                    
               more individuals who perform services for the taxpayer,                
               provide the taxpayer with a written notice of the                      
               provisions of this section.                                            
          II.  Mr. Grey’s Status as an Employee for Employment Tax Purposes           
               A.   Petitioner’s S Corporation Theory                                 
               As a preliminary matter, we summarily reject petitioner’s              
          argument that, because it is an S corporation that has passed its           
          net income through to Mr. Grey as its sole shareholder pursuant             
          to section 1366, there can be no employer-employee relationship             
          between it and Mr. Grey.  That argument is similar to the                   
          argument made by the taxpayer in Veterinary Surgical Consultants,           
          P.C. v. Commissioner, 117 T.C. 141, 145 (2001), a case in which,            
          it appears, the taxpayer was advised by Mr. Grey, who was the               
          source of the taxpayer’s argument there.  See id. at 143-144.  We           
          shall not here repeat our refutation of that argument, which can            
          be found in Veterinary Surgical Consultants, P.C.  Id. at 145-              
          146.                                                                        







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