- 23 - Section 530(e)(1) provides that the Internal Revenue Service “shall, before or at the commencement of any audit inquiry relating to the employment status of one or more individuals who perform services for the taxpayer, provide the taxpayer with a written notice of the provisions of this section.” Small Business Job Protection Act of 1996 sec. 1122(a), 110 Stat. 1766. On brief, petitioner alleges that it learned of the existence of Section 530 only through the June 8, 2001, notice of determination, which postdated by a substantial margin the commencement on July 2, 1999, of the underlying employment tax audit. Petitioner then states: The inaction of Respondent in not providing Petitioner with the required Sect. 530(e)(1) notice constitutes a serious Constitutional violation of Petitioner’s right to due process, and Petitioner moves this Court to allow it to recover its legal fees, since the conduct of Respondent is so egregious against the Petitioner. To the extent that petitioner’s due process contentions take the form of a claim for litigation or administrative costs and fees under section 7430, such claim is premature. Rule 231(a)(2), as pertinent here, specifies that the appropriate time to seek recovery of legal costs follows service of a written opinion. See McWilliams v. Commissioner, 104 T.C. 320, 327 (1995); Groetzinger v. Commissioner, 87 T.C. 533, 548 (1986). Furthermore, even if petitioner’s allegations might be read as a plea encompassing other remedies, petitioner has failed to show that its situation satisfies the prerequisites for reliefPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011