Images in Motion of El Paso, Inc. - Page 4

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               An employment tax specialist conducted the examination of              
          petitioner (the examining agent).  The examining agent                      
          interviewed Ms. Lopez.  The examining agent also received written           
          responses to questionnaires she provided to four of petitioner’s            
          instructors whom she had randomly selected from a list Ms. Lopez            
          provided.                                                                   
               In the interviews of the four instructors, three                       
          acknowledged they were given “manuals”, but none of them believed           
          the directives were mandatory.  Two of the three who received the           
          manuals specifically stated they were not mandatory.  The fourth            
          instructor denied that any manual was issued.  The documents in             
          question were not titled “manuals” but rather were guidelines for           
          conducting dance classes, instructions in first aid, and an                 
          “Employee Code of Conduct”.  The latter merely set forth basic              
          behavioral norms and prohibited vulgar language.                            
               After reviewing Ms. Lopez’s statements and the instructors’            
          responses, the examining agent determined that petitioner and the           
          instructors had created employer-employee relationships rather              
          than principal-independent-contractor relationships.                        
          Specifically, the Examining Agent concluded that:  (1) Petitioner           
          did not qualify for section 530 relief as provided in the Revenue           
          Act of 1978, Pub. L. 95-600, 92 Stat. 2885, as amended; (2)                 
          petitioner exercised sufficient behavioral and financial control            
          over its instructors to classify them as employees; and (3)                 






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Last modified: May 25, 2011