Water-Pure Systems, Inc. - Page 19




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          (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).  There is no evidence that respondent audited 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 water filtration and              
          purification 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 Ridge’s                 
          treatment apart from the safe havens, petitioner quotes from the            
          following definition of “employment status” in Section 530(c)(2):           
          “The term ‘employment status’ means the status of an individual,            
          under the usual common law rules applicable in determining the              
          employer-employee relationship, as an employee or as an                     
          independent contractor (or other individual who is not an                   






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