Medical Emergency Care Associates, S.C., An Illinois Corporation - Page 8

                                        - 8 -                                         
          was extended indefinitely by the Tax Equity & Fiscal                        
          Responsibility Act of 1982, Pub. L. 97-248, sec. 269(c), 96 Stat.           
          324, 552.                                                                   
          II.  Contentions of the Parties                                             
               As a preliminary matter, petitioner argues that its Forms              
          1096 and 1099 mailed to respondent on May 20, 1997, should be               
          deemed filed on that date, since there is proof that they were              
          mailed on that date.  Respondent has no record of receiving those           
          forms.  The due date for filing those forms for 1996 was February           
          28, 1997.  Even if the Forms 1096 and 1099 mailed by petitioner             
          on May 20, 1997, were received and filed, petitioner would still            
          have failed to timely file those required forms.  Since the                 
          primary issue in this case is whether timely filing is required             
          by section 530(a)(1)(B), and reasonable cause for the filing                
          delay is not an issue, whether the Forms 1096 and 1099 are deemed           
          filed on May 20, 1997, is irrelevant.  Consequently, we need not            
          consider petitioner’s claim that the Forms 1096 and 1099 mailed             
          on May 20, 1997, should be deemed filed on that date.                       
               The parties agree that petitioner satisfied two of the three           
          requirements of section 530(a).  Specifically, the parties agree            
          that petitioner satisfied the requirement of section                        
          530(a)(1)(A), since petitioner did not treat any reclassified               
          physician as an employee for any relevant period.  The parties              
          also agree that petitioner relied upon a longstanding, recognized           






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011