Water-Pure Systems, Inc. - Page 8




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               employee of the corporation. * * * [Sec. 31.3121(d)-                   
               1(b), Employment Tax Regs.]                                            
          Identical language is also included in regulations promulgated              
          under section 3306.  Sec. 31.3306(i)-1(e), Employment Tax Regs.             
               B.  Section 530 of the Revenue Act of 1978                             
               Section 530 operates in enumerated circumstances to afford             
          relief from employment tax liability, notwithstanding the actual            
          relationship between the taxpayer and the individual performing             
          services.  The statute provides, in part:                                   
               SEC. 530.  CONTROVERSIES INVOLVING WHETHER INDIVIDUALS                 
               ARE EMPLOYEES FOR PURPOSES OF THE EMPLOYMENT TAXES.                    
                    (a) Termination of Certain Employment Tax                         
               Liability.--                                                           
                    (1) In general.--If--                                             
                    (A) for purposes of employment taxes, the taxpayer                
               did not treat an individual as an employee for any                     
               period, and                                                            
                    (B) in the case of periods after December 31,                     
               1978, all Federal tax returns (including information                   
               returns) required to be filed by the taxpayer with                     
               respect to such individual for such period are filed on                
               a basis consistent with the taxpayer’s treatment of                    
               such individual as not being an employee,                              
               then, for purposes of applying such taxes for such                     
               period with respect to the taxpayer, the individual                    
               shall be deemed not to be an employee unless the                       
               taxpayer had no reasonable basis for not treating such                 
               individual as an employee.                                             
                    (2) Statutory standards providing one method of                   
               satisfying the requirements of paragraph (1).-- For                    
               purposes of paragraph (1), a taxpayer shall in any case                
               be treated as having a reasonable basis for not                        
               treating an individual as an employee for a period if                  
               the taxpayer’s treatment of such individual for such                   






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