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are: (1) Whether Michael J. Graham (Graham) was an employee of
petitioner for Federal employment tax purposes during 1995
through 1997 and, if so, (2) whether petitioner is entitled to
relief under section 530 of the Revenue Act of 1978, Pub. L. 95-
600, 92 Stat. 2885, as amended (Section 530).
Unless otherwise indicated, all section references are to
the Internal Revenue Code in effect for the years in issue, and
all Rule references are to the Tax Court Rules of Practice and
Procedure. For convenience, FICA and FUTA taxes are collectively
referred to as employment taxes.
FINDINGS OF FACT
Some of the facts have been stipulated, and the stipulated
facts are incorporated in our findings by this reference.
Petitioner’s Organization and Operations
Petitioner is an S corporation that was incorporated in
Pennsylvania on or about July 29, 1991. At all relevant times,
petitioner’s principal place of business was located in Bensalem,
Pennsylvania.
Since its organization, petitioner has operated as a
trucking company. This activity was and is petitioner’s only
business and only source of income. Ownership of petitioner from
the time of its incorporation and throughout 1995, 1996, and 1997
has been distributed as set forth below:
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