Specialty Transport & Delivery Services, Inc. - Page 16




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          operations.  Ludlow also obtained remuneration from petitioner’s            
          bank account as his needs arose.                                            
               Furthermore, although section 3121(d)(1) may be inapplicable           
          to the extent that an officer performs services in some other               
          capacity, i.e., as an independent contractor, petitioner has                
          offered no convincing evidence that Ludlow worked for or was                
          engaged by petitioner in a capacity other than as an officer.               
          See Joseph M. Grey Pub. Accountant, P.C. v. Commissioner, 119               
          T.C. at 129-130; Rev. Rul. 82-83, 1982-1 C.B. 151, 152.  The only           
          item referenced in the record that could suggest an independent             
          contractor relationship is the Form 1099-MISC reporting                     
          nonemployee compensation for 1998.  This document is                        
          uncorroborated by other evidence, such as a service agreement,              
          and is entitled to little weight.  See Joseph M. Grey Pub.                  
          Accountant, P.C. v. Commissioner, supra at 130.  Hence, we                  
          conclude that Ludlow was an employee of petitioner for employment           
          tax purposes, in accordance with section 3121(d)(1).                        
               B.  Availability of Section 530 Relief                                 
               Section 530 affords relief from employment tax liability,              
          notwithstanding an adverse classification, where the following              
          three requirements are satisfied:  (1) The taxpayer has not                 
          treated the individual, or any individual holding a substantially           
          similar position, as an employee for any period; (2) the taxpayer           
          has consistently treated the individual as not being an employee            






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