Colorado Mufflers Unlimited, Inc. - Page 18




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          III. Act Section 530 Relief                                                 
               Act section 530 grants relief from the obligation to pay               
          employment taxes to employers who incorrectly treat wage payments           
          to employees as payments to independent contractors if certain              
          requirements are met.  Act section 530(a)(1) provides in relevant           
          part:                                                                       
                    (1) In general.--If--                                             
                    (A) for purposes of employment taxes, the taxpayer                
               did not treat an individual as an employee for any                     
               period * * *, and                                                      
                    (B) in the case of periods after December 31,                     
               1978, all Federal tax returns (including information                   
               returns) required to be filed by the taxpayer with                     
               respect to such individual for such period are filed on                
               a basis consistent with the taxpayer’s treatment of                    
               such individual as not being an employee,                              
               then, for purposes of applying such taxes for such                     
               period with respect to the taxpayer, the individual                    
               shall be deemed not to be an employee unless the                       
               taxpayer had no reasonable basis for not treating such                 
               individual as an employee.                                             
          Act section 530(a)(3) limits the relief available under act                 
          section 530(a)(1) by providing that act section 530 relief is not           
          available if the “taxpayer (or a predecessor)” treated any                  
          individual holding a “substantially similar position as an                  
          employee”.  An employer must satisfy all of the requirements of             
          act section 530 to qualify for relief under that section.  See              
          Ewens & Miller, Inc. v. Commissioner, 117 T.C. 263 (2001).                  
               Petitioner treated all of the workers as employees in 1999,            
          and petitioner filed Forms W-2, 940, and 941 for 1999 consistent            






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