Peno Trucking, Incorporated - Page 17




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          discharge, the integration of the drivers into the business, and            
          the permanency of the relationship override any contrary                    
          characterization contained in the agreement.  See sec.                      
          31.3121(d)-1(a)(3), Employment Tax Regs.  Accordingly the Court             
          finds petitioner’s drivers were common law employees during the             
          periods at issue and, consequently, the payments to them during             
          these periods constituted wages subject to Federal employment               
          tax.                                                                        
          II. Whether Petitioner Is Eligible for Act Section 530 Relief               
               Petitioner contends it is entitled to relief pursuant to act           
          section 530.  Congress enacted act section 530 to alleviate what            
          it perceived as the “‘overly zealous pursuit and assessment of              
          taxes and penalties against employers who had, in good faith,               
          misclassified their employees as independent contractors.’”                 
          Ewens & Miller, Inc. v. Commissioner, supra at 276-277 (quoting             
          Boles Trucking, Inc. v. United States, 77 F.3d 236, 239 (8th Cir.           
          1996)).  Act section 530(a)(1) shields a taxpayer who has                   
          mistakenly not classified his workers as employees from                     
          employment tax liability if the taxpayer had a reasonable basis             
          for not treating the workers as employees and has filed all                 
          required Federal employment tax returns on a basis consistent               
          with this treatment.  Petitioner never treated the drivers as               
          employees and consistently issued them Forms 1099-MISC.  The                








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