Water-Pure Systems, Inc. - Page 15




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          capacity, i.e., as an independent contractor, petitioner has                
          offered no convincing evidence that Ridge worked for or was                 
          engaged by petitioner in a capacity other than as president.  See           
          Joseph M. Grey Pub. Accountant, P.C. v. Commissioner, 119 T.C. at           
          129-130; Rev. Rul. 82-83, 1982-1 C.B. 151, 152.  The only items             
          referenced in the record that could suggest an independent                  
          contractor relationship are the Forms 1099-MISC reporting                   
          nonemployee compensation.  These documents are uncorroborated by            
          other evidence, such as a service agreement, and are entitled to            
          little weight.  See Joseph M. Grey Pub. Accountant, P.C. v.                 
          Commissioner, supra at 130.  Hence, we conclude that Ridge was an           
          employee of petitioner for employment tax purposes, in accordance           
          with section 3121(d)(1).                                                    
               B.  Availability of Section 530 Relief                                 
               Section 530 affords relief from employment tax liability,              
          notwithstanding an adverse classification, where the following              
          three requirements are satisfied:  (1) The taxpayer has not                 
          treated the individual, or any individual holding a substantially           
          similar position, as an employee for any period; (2) the taxpayer           
          has consistently treated the individual as not being an employee            
          on all tax returns for periods after December 31, 1978; and                 
          (3) the taxpayer has a reasonable basis for not treating the                
          individual as an employee.  Sec. 530(a)(1), (3).                            








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