- 2 - whether Virginia Exley (Exley) was an employee of petitioner for Federal employment tax purposes during 1996 through 1999. Petitioner concedes that it is not entitled to relief under the Revenue Act of 1978, Pub. L. 95-600, sec. 530, 92 Stat. 2885, as amended. The parties stipulated that Exley was not an independent contractor during 1996 through 1999. The parties agree that, if the Court determines that Exley is classified as an employee of petitioner for purposes of Federal employment taxes for all taxable periods ended June 30, 1996, through December 31, 1999, as set forth in the notice of determination, petitioner is liable for the full amount of employment taxes asserted in the notice of determination. Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the years in issue. FINDINGS OF FACT Some of the facts have been stipulated, and the stipulated facts are incorporated in our findings by this reference. Petitioner is an Ohio corporation with its principal place of business in Steubenville, Ohio. Corporate Structure Petitioner, a manufacturer of specialty chemicals, was incorporated on November 3, 1938, by Norbert Stern and Anna Pavlik. During 1996 through 1999, petitioner was owned by two siblings as equal shareholders, Albert Pavlik, Jr. (A. Pavlik),Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011