Joseph M. Grey Public Accountant, P.C. - Page 17




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          analysis of the statute and its history leads us to the                     
          conclusion that section 530 is limited to controversies involving           
          the employment tax status of service providers under the common             
          law (i.e., controversies involving persons who are not statutory            
          employees).  This conclusion provides an alternative ground for             
          denying petitioner relief under section 530.                                
               C.  Analysis of the Scope of Section 530                               
               Although subsection (a) of section 530 by its terms is not             
          limited to situations involving worker classification under the             
          common law, the same cannot be said of subsections (b)                      
          (moratorium on further guidance) and (e)(1) (notice requirement)            
          of section 530.  See sec. 530(c)(2), defining the term                      
          “employment status”, which appears in subsections (b) and (e)(1),           
          in terms of “the usual common law rules applicable in determining           
          the employer-employee relationship”.  While it can be argued that           
          the restricted scope of the moratorium in subsection (b) is not             
          necessarily inconsistent with a broad interpretation of the                 
          relief provision of subsection (a), such an argument is more                
          problematic as applied to the notice requirement of subsection              
          (e)(1).9  That is, under a broad interpretation of subsection               
          (a), some taxpayers who are eligible for relief under that                  

               9  Sec. 530(e)(1) applies to audits commencing after                   
          Dec. 31, 1996.  1996 Act sec. 1122(b)(2).  Because we refer to              
          sec. 530(e)(1) solely in conjunction with our interpretation of             
          sec. 530(a), we need not determine (and the parties have not                
          established) whether sec. 530(e)(1) itself applies to this case.            





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