- 21 - Petitioner also called Grey, the accountant who advised petitioner and prepared petitioner’s tax returns. Grey was permitted to testify in this case, despite petitioner’s failure to list him as a witness in its trial memorandum, in the interest of a complete record and because respondent had been given sufficient warning and time to prepare. Grey explained that he had based his determination that Sadanaga was not an employee on common law concepts pertaining to the employment relationship, particularly the element of control. As regards Section 530 and judicial precedent, 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). Hence, given the testimony that neither petitioner’s sole shareholder and officer nor the accountant was familiar with the alleged judicial authority at the time petitioner decided to treat Sadanaga as a nonemployee for 1997 and 1998, petitioner has 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 thePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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