- 2 - This Court granted R’s motion to sever and continue determinations of worker classification and proper employment taxes until after our consideration of P’s eligibility for relief under sec. 530. Held: Because P did not treat the physicians as employees for any period, filed all Federal tax returns on a basis consistent with P’s treatment of the physicians as not being employees, and had a reasonable basis for not treating the physicians as employees, P is entitled to relief from employment tax liability pursuant to sec. 530. P’s untimely filing of information returns does not preclude P from qualifying for such relief, particularly in the circumstances of this case. Carmen J. Mitchell, for petitioner. Linda C. Grobe and David S. Weiner, for respondent. NIMS, Judge: The petition in this case was filed in response to a Notice of Determination Concerning Worker Classification Under Section 7436 (notice of determination) regarding petitioner’s liabilities pursuant to the Federal Insurance Contributions Act (FICA), sections 3101-3128, and the Federal Unemployment Tax Act (FUTA), sections 3301-3311, for 1996. Respondent also determined that petitioner is not entitled to relief under section 530 of the Revenue Act of 1978, Pub. L. 95-600, 92 Stat. 2885, as amended (section 530). On February 20, 2002, this Court granted respondent’s motion to sever and continue determinations of worker classification andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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