- 19 - The workers described in the notice of determination were properly classified as employees for the tax periods at issue; (2) petitioner was not entitled to relief under section 530 of the Revenue Act of 1978 with respect to such individuals; and (3) petitioner owed $33,170.68 of additional Federal employment taxes. As stated above, respondent contends that his position is substantially justified. Respondent’s position is substantially justified if it has a reasonable basis in both fact and law. Maggie Mgmt. Co. v. Commissioner, supra at 443; DeVenney v. Commissioner, 85 T.C. 927, 930 (1985); sec. 301.7430-5(c), Proced. & Admin. Regs. We apply the reasonable person standard to determine reasonableness. See Pierce v. Underwood, 487 U.S. 552, 565 (1988) (stating that the Commissioner’s position is substantially justified if it is supported “to a degree that could satisfy a reasonable person”). The reasonableness of the Commissioner’s position is based on the available facts used to form his position and legal precedents related to the case. Maggie Mgmt. Co. v. Commissioner, supra at 443. We shall review the reasonableness of respondent’s factual and legal positions together since employment status is generally a factual question. See Weber v. Commissioner, 103 T.C. 378, 386 (1994), affd. per curiam 60 F.3d 1104 (4th Cir. 1995). A significant factor we use in deciding whether the Commissioner’s position is substantially justified is whether thePage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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