Specialty Transport & Delivery Services, Inc. - Page 21




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          examination underlying the present case.  Petitioner therefore              
          cannot show reliance on a past audit under Section 530(a)(2)(B).            
          Likewise, petitioner has adduced no evidence of conventions in              
          the hauling industry to establish longstanding industry practice            
          under Section 530(a)(2)(C).  The safe havens of Section 530(a)(2)           
          are therefore inapplicable on the record before us.                         
               In seeking to establish a reasonable basis for Ludlow’s                
          treatment apart from the safe havens, petitioner quotes from the            
          following definition of “employment status” in Section 530(c)(2):           
          “The term ‘employment status’ means the status of an individual,            
          under the usual common law rules applicable in determining the              
          employer-employee relationship, as an employee or as an                     
          independent contractor (or other individual who is not an                   
          employee).”  Petitioner apparently believes that the purported              
          lack of common law control makes its treatment of Ludlow                    
          reasonable within the meaning of Section 530 and that the above             
          definition supports this view.                                              
               Again, however, petitioner’s approach is contrary to                   
          controlling statutes and to the facts of this case.  As a matter            
          of construction, Section 530(c)(2) defines employment status for            
          purposes of certain provisions of Section 530 not germane here.             
          It does not purport to override or interpret the definition of              
          “employee” in section 3121(d) and related regulations.  Hence,              
          Section 530(c)(2) does not render it rational for petitioner to             






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Last modified: May 25, 2011