- 17 - 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.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011