- 6 - petitioner was periodically cashing large checks written to cash.9 Because Revenue Agent Nichols had no payroll records for petitioner for 2000 and 2001, she relied on the best information available to her--the Forms W-2, 940, and 941 from 1999--to calculate the wages paid and tax owed by petitioner for 2000 and 2001. On November 26, 2003, respondent issued a notice of determination to petitioner in which he determined that petitioner had nine workers during 2000 and 2001 whom it should have treated as employees, that petitioner was not entitled to relief under act section 530, that petitioner was liable for income tax withholding, FICA and FUTA tax, the section 6651(a)(1) addition to tax, and the section 6662 accuracy-related penalty for each of the periods involved. Petitioner filed a timely petition challenging the determinations. On January 25, 2006, respondent filed requests for admission with this Court and mailed a copy to petitioner. However, because the certificate of service used an address for petitioner that was different from the address for petitioner in the Court’s files, we served a copy of the requests for admission on petitioner at its address as shown in the Court’s files on January 30, 2006. See Rule 90. 9Revenue Agent Nichols testified that in her experience, a pattern of periodically cashing large checks written to cash suggested a practice of paying workers in cash.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007