- 14 - payments for secretarial services on his Schedules C suggests an intention to conceal the relationship and the employment tax issue.) Where, as here, common law factors compel a finding that an employer-employee relationship exists, the parties’ intentions to the contrary will not be given effect. 8. Conclusion After considering all of the facts and circumstances in this case, we conclude that both Smith and Mawson were employees of petitioner during the years in issue. Additions to Tax Under section 6651, a taxpayer who fails to file timely or fails to pay employment taxes shall be assessed an addition to tax, unless it is shown that the failure is due to reasonable cause and not due to willful neglect. See Conklin Bros. of Santa Rosa, Inc. v. United States, 986 F.2d 315, 317 (9th Cir. 1993); Charlotte’s Office Boutique v. Commissioner, 121 T.C. ___, ___ (2003) (slip op. at 30). To establish reasonable cause, the taxpayer must show that ordinary business care and prudence were exercised in providing for payment of the tax liability. Sec. 301.6651-1(c)(1) and (2), Proced. & Admin. Regs. Willful neglect means a “conscious, intentional failure or reckless indifference.” United States v. Boyle, 469 U.S. 241, 245-246 (1985). Under section 6656, an addition to tax is imposed equal to 10 percent of the portion of an underpayment in tax that isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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