- 2 - Determination of Worker Classification, dated July 28, 2004.1 Respondent determined that, for purposes of Federal employment taxes, petitioner’s workers were employees and petitioner owed total employment taxes under subtitle C of the Internal Revenue Code for the years 1996, 1997, and 1998 of $359,414.28 and additions to tax under section 6651(f) of $269,560.71. The issues for decision are: (1) Whether the period of limitations for respondent’s reclassification of individuals as petitioner’s employees has passed. We hold that the period of limitations remains open; (2) whether the workers listed in the notice of determination were properly classified as employees for purposes of Federal employment taxes. We hold that the identified individuals were petitioner’s employees; and (3) whether petitioner is liable for additions to tax for the years 1996, 1997, and 1998 pursuant to section 6651(f). We hold that petitioner is not so liable. FINDINGS OF FACT Some of the facts have been stipulated, and the stipulated facts are incorporated in our findings by this reference. Orion Contracting Trust (petitioner) is a trust organized under the 1Unless otherwise indicated, all section references are to the Internal Revenue Code, as amended, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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