- 11 - employee. See, e.g., Keller v. Commissioner, 77 T.C. 1014 (1981). But, the corporate form may also have detriments, and we would be reluctant to allow petitioner to turn on and off its existence at will.6 Decision will be entered for respondent. 6 The second part of the sec. 530 relief relates to a taxpayer’s having a reasonable basis for treating the person to whom the compensation was paid as other than an employee. In this regard, under sec. 530(a)(2) a taxpayer is treated as having a reasonable basis for not treating an individual as an employee if the taxpayer relied, inter alia, on “a past Internal Revenue Service audit * * * in which there was no assessment attributable to the treatment (for employment tax purposes) of the individuals holding positions substantially similar to the position held by this individual”. Sec. 530(a)(2)(B). Petitioner suggests that the audits of Dr. Katz’s returns would satisfy this requirement. We, however, need not decide this issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
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