- 2 - 1998, and 1999 and each of the quarters therein (periods at issue).1 The issues for decision are: (1) Whether certain drivers who operated petitioner’s trucks were employees of petitioner for Federal employment tax purposes during the periods at issue and, if so, (2) whether petitioner is entitled to relief under section 530 of the Revenue Act of 1978, Pub. L. 95-600, 92 Stat. 2885, as amended (act section 530).2 FINDINGS OF FACT The parties’ stipulation of facts and the attached exhibits are incorporated herein by this reference, and the facts stipulated are so found. At the time the petition was filed, petitioner’s principal place of business was in Warren, Ohio. 1 Unless otherwise indicated, all section references are to the Internal Revenue Code, as amended, and Rule references are to the Tax Court Rules of Practice and Procedure. Amounts are rounded to the nearest dollar. 2 This Court ordered the parties to file posttrial briefs. Respondent did so; petitioner did not. Under these circumstances, the Court may hold petitioner in default on all issues for which it bears the burden of proof. See Stringer v. Commissioner, 84 T.C. 693, 704-708 (1985), affd. without published opinion 789 F.2d 917 (4th Cir. 1986); Furniss v. Commissioner, T.C. Memo. 2001-137; McGee v. Commissioner, T.C. Memo. 2000-308. However, we will decide this case on the record as it stands. We base our understanding of petitioner’s position on its petition, the stipulation of facts, and trial testimony.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007