- 12 - prima facie case that it was reasonable not to treat an individual as an employee for employment tax purposes. Small Business Job Protection Act of 1996, Pub. L. 104-188, sec. 1122(a), 110 Stat. 1766 (adding subsection (e) to Revenue Act section 530). Because, as explained below, petitioner has failed to establish a prima facie case that his treatment of his workers for employment tax purposes was reasonable, respondent does not bear the burden of proof in this case. Revenue Act section 530(a)(2) sets forth three statutory safe harbors for purposes of establishing reasonable basis. Reasonable reliance upon any of the circumstances enumerated in subparagraph (A), (B), or (C) of Revenue Act section 530(a)(2) is deemed sufficient to establish the requisite reasonable basis. With regard to Revenue Act section 530(a)(2)(A), petitioner has presented no judicial precedent, published ruling, technical advice, or letter ruling on which he relied in treating his workers as independent contractors. With regard to subparagraphs (B) and (C), petitioner has not provided evidence that there was a past employment tax audit in which his classification of the workers was not challenged, nor has he provided evidence that treating the workers as independent contractors was in accordance with a long-standing practice within the waterproofing industry. The safe havens of Revenue Act section 530(a)(2) are therefore inapplicable on the record before us. We conclude thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008