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    Representation of a Group Fitness Client Qualifying for Section 530 Safe Harbor Relief

    Richard Reibstein (New York) and Buddy Sanders (Houston) secured a favorable determination from the IRS that a national group fitness client qualified for Section 530 safe harbor relief in connection with the client’s treatment of its trainers as independent contractors paid on a Form 1099 basis. The IRS initially presented the client with a $4 million assessment attributable to allegedly unpaid employment and payroll taxes for two prior years, but after obtaining the examiner’s file under FOIA and making a presentation for Section 530 relief, the IRS reversed course and issued a favorable determination. Janet Barsky (New York) and Matt Frogel (Houston) provided additional assistance.

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