- 17 - 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. ThePage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: November 10, 2007