Water-Pure Systems, Inc. - Page 18




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          (reversing and remanding because it was “unclear from the record            
          whether * * * [the taxpayer] in fact relied on any specific                 
          industry practice in reaching its decision to treat its * * *               
          [workers] as non-employee tenants, let alone whether such                   
          reliance was reasonable”); Select Rehab, Inc. v. United States,             
          205 F. Supp. 2d 376, 380 (M.D. Pa. 2002) (“The taxpayer must show           
          that it relied upon those grounds [alleged as a reasonable                  
          basis], and that the reliance was reasonable.”); W. Va. Pers.               
          Servs., Inc. v. United States, 78 AFTR 2d 96-6600, at 96-6608,              
          96-2 USTC par. 50,554, at 85,919 (S.D. W. Va. 1996) (“The plain             
          meaning of section 530(a)(2) is that only evidence known to and             
          relied upon by the taxpayer is relevant.  Facts that are learned            
          after the incorrect treatment of the employees * * * are not                
          facts that a taxpayer relied upon in making its original decision           
          regarding how to treat its employees.”).                                    
               Until after trial, petitioner did not purport to rely on               
          Section 530 or the bases described therein and expressly                    
          disclaimed any dependence on the statute.  Petitioner’s present             
          claim of reliance is not credible.  At trial, Ridge appeared but            
          presented no evidence regarding petitioner’s rationale for the              
          nonemployee treatment.  Nor would testimony by Grey, the                    
          accountant who advised petitioner and prepared petitioner’s tax             
          returns, have provided any further justification.  See Veterinary           
          Surgical Consultants, P.C. v. Commissioner, T.C. Memo. 2003-48              






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