Joseph M. Grey Public Accountant, P.C. - Page 14




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          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”).                                    





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