Nu-look Design, Inc. - Page 16




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          on all tax returns for periods after December 31, 1978; and                 
          (3) the taxpayer has a reasonable basis for not treating the                
          individual as an employee.  Sec. 530(a)(1), (3).  With respect to           
          the case at bar, respondent has conceded that petitioner meets              
          the first of the above requirements and does not argue that                 
          petitioner fails to meet the second.  Rather, the parties dispute           
          whether petitioner had a reasonable basis for not treating Stark            
          as an employee.                                                             
               Concerning the existence of a reasonable basis for purposes            
          of Section 530(a)(1), Section 530(a)(2) sets forth three                    
          statutory safe havens.  Reliance upon any of the circumstances              
          enumerated in subparagraph (A), (B), or (C) of Section 530(a)(2)            
          is deemed sufficient to establish the requisite reasonable basis.           
               Subparagraph (A) lists judicial precedent, published                   
          rulings, technical advice with respect to the taxpayer, or a                
          letter ruling to the taxpayer.  The amended petition alleges:               
                    The Petitioner did not treat its Sole Shareholder,                
               Ronald A. Stark, as an employee during any part of                     
               1996, 1997 and 1998, and the reasonable basis for not                  
               treating Ronald A. Stark as an employee for the said                   
               periods is based on judicial precedent contained in the                
               opinion of the 5th Circuit Court of Appeals in Texas                   
               Carbonate Company v. R.L. Phinney, 307 F.2d 289 (5th                   
               Cir.), cert denied, 371 U.S. 940 (1962).                               
          On brief, petitioner reiterates reliance on Tex. Carbonate Co. v.           
          Phinney, 307 F.2d 289 (5th Cir. 1962), and cites as well to                 
          Automated Typesetting, Inc. v. United States, 527 F. Supp. 515              
          (E.D. Wis. 1981), in support of the premise that petitioner                 





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