Ronald McLean Eastern Video - Page 12




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          88 F.3d 750, 753 (9th Cir. 1996); Boles Trucking, Inc. v. United            
          States, 77 F.3d 236 (8th Cir. 1996).                                        
               The only reasons articulated by Mr. McLean for treating the            
          six video workers as independent contractors are that “they could           
          have used their own supplies, utilities or whatever” and that he            
          had an agreement with them that they would “pay their own taxes”.           
          In the context of the facts of this case, these are not                     
          reasonable bases on which to rely for the treatment of the video            
          workers as independent contractors instead of employees.  Hence             
          petitioner is not entitled to relief under section 530, and the             
          Court need not address respondent’s allegation that the video               
          workers performed substantially the same duties as petitioner’s             
          three full-time employees.                                                  
          Amount of Taxes Due                                                         
               Because we have concluded that the six video workers were              
          petitioner’s employees, it follows that petitioner is liable for            
          FICA and withholding taxes of $1,085.36 and FUTA taxes of $387              
          for 1996.                                                                   
                                             Decision will be entered                 
                                        for respondent.                               





               4(...continued)                                                        
          Job Protection Act of 1996, Pub. L. 104-188, sec. 1122(b)(3), 110           
          Stat. 1767.                                                                 





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