- 22 - actual prejudice in order to obtain due process relief. Riland v. Commissioner, 79 T.C. 185, 197-198 (1982) (involving a claimed denial of due process on account of delay in issuance of the subject deficiency notice). The record in the instant case is devoid of such prejudice. Although petitioner was made aware of Section 530 at least prior to filing its petition with the Court, petitioner failed therein to raise the statute. Petitioner then did nothing to prepare this case for trial. Nonetheless, we have addressed the merits of petitioner’s claim for relief under Section 530(a), first put forth 3 months after trial, despite the untimeliness of petitioner’s contentions. Accordingly, petitioner was afforded an opportunity to be heard, and no actual prejudice was sustained. C. Conclusion We hold that Ridge is an employee of petitioner pursuant to section 3121(d)(1) and that petitioner is not entitled to relief under Section 530. Accordingly, petitioner is liable for FICA and FUTA taxes for the periods in issue as set forth in respondent’s notice of determination and relevant stipulations. To reflect the foregoing, Decision will be entered for respondent and in accordance with stipulations as to amounts.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
Last modified: May 25, 2011