Legal Opinion

General Investment Corporation v. United States

Court of Appeals for the Ninth Circuit

Decided July 29, 1987No. 85-2604, 86-1652PublishedCited by 52 opinions

1Opinion of the Court

CANBY, Circuit Judge:

This appeal concerns a small mining company that, like others in its county, treated its workers as independent contractors for tax purposes. Two questions are before us. First, whether such treatment was justified under § 530(a)(2)(C) of the Revenue Act of 1978, 26 U.S.C. § 3401 note (1979), as undertaken in reliance on a “long-standing recognized practice of a significant segment of the industry.” Second, for a later tax year to which § 530 cannot be applied, whether the workers in fact qualify as independent contractors under the common law. We conclude that the…

2Cases cited16 opinions

  1. United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
  2. United States v. SilkSupreme Court of the United States · 1947
  3. Charles Laduke v. Alan C. Nelson, Etc.Court of Appeals for the Ninth Circuit · 1985
  4. Charles Laduke v. Alan C. Nelson, Etc.Court of Appeals for the Ninth Circuit · 1986
  5. Professional Seminar Consultants, Inc., a Corporation v. Sino American Technology Exchange Council, Inc., and G.Y. LinCourt of Appeals for the Ninth Circuit · 1984

11 more not listed; retrieve them via the Exa API.

3Cited by52 opinions

  1. Ewens & Miller, Inc. v. Comm'rUnited States Tax Court · 2001
  2. Spicer Accounting, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1990
  3. Martin L. Springfield, Dba Douglas Motors, Plaintiff-Counter-Defendant-Appellant v. United States of America, Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Ninth Circuit · 1996
  4. Frank Biehl Barbara Biehl v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 2003
  5. In Re RasburyUnited States Bankruptcy Court, N.D. Alabama · 1991

47 more not listed; retrieve them via the Exa API.

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