Superior Proside, Inc. - Page 19




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          testimony, in any event, would not have made a difference.  See             
          Veterinary Surgical Consultants, P.C. v. Commissioner, T.C. Memo.           
          2003-48 (where Grey testified that he was unaware of the Tex.               
          Carbonate Co. v. Phinney, supra, case until posttrial briefing,             
          during the fall of 2001, in Joseph M. Grey Pub. Accountant, P.C.            
          v. Commissioner, 119 T.C. 121 (2002)).  Petitioner failed to                
          establish that it relied on judicial precedent or, for that                 
          matter, on any of the other sources specified in Section                    
          530(a)(2)(A).  Accordingly, we conclude that subparagraph (A)               
          does not aid petitioner here.                                               
               The same result obtains with respect to subparagraphs (B)              
          and (C).  The parties have stipulated that respondent did not               
          audit petitioner for employment tax purposes prior to the                   
          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 siding and remodeling 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 Murdock’s               
          treatment apart from the safe havens, petitioner quotes the                 
          following definition of “employment status” in Section 530(c)(2):           
          “The term ‘employment status’ means the status of an individual,            






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