- 10 - (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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011