- 17 - the Court of Appeals for the Eighth Circuit has explained in a scenario where medical residents sought refund of employment taxes withheld from their stipends: section 530 allows employers to avoid liability for past-due employment taxes when the employer erroneously but reasonably classified employees as independent contractors rather than employees. By its very terms, section 530 is a relief provision available only to employers who erroneously classify their employees. Section 530 applies if (1) the taxpayer does not treat a worker as an employee for employment tax purpose during a particular period; (2) the taxpayer files all required federal employment tax returns on a basis consistent with this treatment; and (3) the taxpayer has a reasonable basis for not treating the worker as an employee. If these requirements are satisfied, tax liability is terminated “for purposes of applying such taxes for such period with respect to the taxpayer.” Notwithstanding the clarity of the statute, the residents contend that a broad interpretation of the term “taxpayer” is appropriate because they are, at least in a general sense, “taxpayers.” We do not agree, for the focus of section 530 is on the taxpayer’s treatment of the taxpayer’s employees. In this context, it is clear that the term “taxpayer” refers only to employers and not to employees. [Ahmed v. United States, 147 F.3d 791, 797 (8th Cir. 1998); citations omitted.] Moreover, the view of this Court is in accord with that recounted above, and we have expressly held that “‘Taxpayer’ as used in the context of Section 530 refers to an employer”. Pariani v. Commissioner, T.C. Memo. 1997-427. Accordingly, petitioners’ contentions in this regard are not germane and warrant no further discussion. We hold that petitioner was an employee of DWP and not an independent contractor for Federal tax purposes.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011