- 14 - him to perform such services as an independent contractor rather than as president.7 The only evidence that Mr. Grey may have provided services to petitioner in a capacity other than as president is the Forms 1099-MISC reporting nonemployee compensation of $6,000 and $7,200 for 1995 and 1996, respectively. Since those forms were prepared only for tax purposes and are uncorroborated, we give them no weight. D. Conclusion We find that Mr. Grey performed numerous services for petitioner in his capacity as petitioner’s president and that he was therefore an employee of petitioner’s for employment tax purposes as provided in section 3121(d)(1). III. Availability of Section 530 Relief A. In General Section 530(a)(1) provides that an individual will be deemed not to be an employee of the taxpayer’s for employment tax purposes, notwithstanding the actual relationship between the taxpayer and the individual, if the taxpayer satisfies three requirements. First, the taxpayer must not have treated the individual as an employee for any period. Second, the taxpayer must have consistently treated the individual as not being an 7 See also Van Camp & Bennion v. United States, 251 F.3d 862, 866 (9th Cir. 2001) (“fundamental decisions regarding the operation of the corporation * * * are customarily made by corporate officers or other employees”).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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