- 2 - OPINION OF THE SPECIAL TRIAL JUDGE DEAN, Special Trial Judge: This case is before the Court on a petition, as amended, under section 7436 as in effect at the time the petition was filed. The petition seeks review of a notice of determination concerning worker classification. In a notice dated March 14, 2001, respondent determined that: (1) Felicia Reed, Andrea Trent, Shemeka Morgan, Eric Patrick, Tracey Ashley, and Kathy Wayne (video workers) were employees of Ronald McLean Eastern Video (petitioner) for Federal employment tax purposes during each of the four quarters of the calendar year 1996; and (2) petitioner is not entitled to relief from Federal employment taxes as provided by section 530 of the Revenue Act of 1978, Pub. L. 95-600, 92 Stat. 2885 (section 530), as amended. The reference here to employment taxes is to Social Security taxes under the Federal Insurance Contributions Act (FICA) and unemployment taxes under the Federal Unemployment Tax Act (FUTA). The parties have stipulated that the amount of FUTA taxes due if the video workers were employees is $387. The issues remaining for decision are: (1) Whether the video workers were common law employees of petitioner during the four quarters of 1996; and if so, (2) whether petitioner is entitled to section 530 relief from employment taxes due on wages paid to the video workers.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011