- 13 - was not made or if the required filing was made on a basis not consistent with treatment of the individual as not being an employee. As respondent acknowledges, petitioner filed all required returns for 1996 on a basis consistent with the treatment of the reclassified physicians as not being employees. But there is nothing in the language of section 530(a)(1)(B) that requires timeliness along with consistent filing. The unreality of respondent’s approach is illustrated by the following colloquy that took place at trial: THE COURT: Suppose a taxpayer is required to file the 1096 and the 1099s and the office burns down two weeks before the due date and the taxpayer writes a letter to the--well, I don’t know who, but somebody in the IRS and says, Look, our office burned down and our records are destroyed; we need some additional time. You’re not saying that the statute would preclude the Government from granting an extension of time, are you? MS. GROBE: Yes, Your Honor. I am. * * * * * * * This is a relief section. They still have the ability to come in and argue that these workers are not independent contractors--rather, are not employees; they are independent contractors. The “relief” proposed by respondent’s counsel presents precisely the situation that section 530 was enacted to avoid. In the case before us respondent has proposed a deficiency in the amount of $256,628.61, to dispute which, under respondent’s theory, petitioner would be required to prove the status of eachPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011