- 11 - (2) Statutory standards providing one method of satisfying the requirements of paragraph (1).-- For purposes of paragraph (1), a taxpayer shall in any case be treated as having a reasonable basis for not treating an individual as an employee for a period if the taxpayer’s treatment of such individual for such period was in reasonable reliance 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. Respondent does not dispute that petitioner meets the first two requirements of Revenue Act section 530(a)(1). Petitioner has never treated any of his workers as employees for Federal employment tax purposes, and he has timely filed all required returns for the periods in issue and for prior periods on a basis consistent with his treatment of the workers as independent contractors. However, respondent argues that petitioner did not have a reasonable basis for treating his workers as independent contractors instead of employees, and thus fails the third element of the Revenue Act section 530(a)(1) test. Under Revenue Act section 530(e)(4), the burden of proof is placed on respondent if, in addition to cooperating with reasonable requests from respondent, petitioner establishes aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008