- 18 - question which remains is whether petitioner had a reasonable basis for treating the drivers as nonemployees. A taxpayer is treated as having a reasonable basis for not treating an individual as an employee if the taxpayer reasonably relied on any of the following: (A) judicial precedent, published rulings, technical advice with respect to the taxpayer, or a letter ruling to the taxpayer; (B) a past Internal Revenue Service audit of the taxpayer in which there was no assessment attributable to the treatment (for employment tax purposes) of the individuals holding positions substantially similar to the position held by this individual; or (C) long standing recognized practice of a significant segment of the industry in which such individual was engaged. Sec. 530(a)(2).22 Petitioner’s sole contention is that it relied upon judicial precedent in determining its drivers were independent contractors, basing its decision on the court of common pleas’ rulings and the administrative and appeals decisions finding that two of petitioner’s drivers were independent contractors. 22 A taxpayer who fails to come within any of the safe harbors is still entitled to relief if the taxpayer can demonstrate, in some other manner, a reasonable basis for not treating the individual as an employee. Veterinary Surgical Consultants, P.C. v. Commissioner, 117 T.C. 141, 147 (2001), affd. sub nom. Yeagle Drywall Co. v. Commissioner, 54 Fed. Appx. 100 (3d Cir. 2002).Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: November 10, 2007