HUGE legal IRS question, need lawyer

**BITTAPART2** · 08-19-2008, 06:32 AM

Please if anyone has any knowledge on this subject that is pertinant and can help lead me in the right direction for action I would really really appreciate it. Anyway, I am an independant contractor that has been working for a client for about 5 years now on a job fullfillment project of no relevance to this story. As a contractor I am to take care of all my taxes, health care, unemployment, ESC, FICA, etc. I am the president of a corperation set up to take on caontracts for large businesses for my expertise in marketing and revenue growth. The past year or so I have been told I am required to attend mandatory meetings, file specific reports, adhere to a specific dress code, get training from the company I am contracting for, told "how" to conduct business. This may sound all well for an employee but I am not an employee and if anyone knows the IRS's definitions of an independant cpntractor they totaly understand this company is not in compliance with the IRS. Therefore I am owed a sh1tload of money once the IRS deems me to have been treated as an employee and anot a contractor. The case is cut and dry, I have researched many many cases just like this one but none so blatent as this one, namely FedEx who was audited for this same issue and lost over 12 billion dollars due to paying back taxes and their contractors class action suit, again, even the FedEx case looks grayer than this one in mention here. It is a sure shot, i just dont know what kind of lawyer to hire, and if I could fins a decent one that would actually consult for free?? I dont mind paying for a good lawyer but i want some questions answered first and than I will determine if I want thtat lawyer or not. Is it an employment attoutney? a tax attourney? I dunno, the other thing is my contract that was in my place of business has gone missing????? I knew where it was for 5 years now poof its gone, and they wont send me a copy, they keep giving me the run around that they have passed the word along but no copy of my contract? this can easily be subpenad right? any help would make my day, thanks!!! BITTA

**JiGGaMaN** · 08-19-2008, 08:03 AM

Can you refine this stream of thought into a question? Not being a jackass but its quite difficult to answer a question thats this long. I just finished top of my class for commercial law, so i might be able to help. I suspect that some of the requisite information lies within the contract, however if its a standard form contract, it shouldnt be too difficult to obtain a blank one.

**BITTAPART2** · 08-19-2008, 08:45 AM

I can obtain a contract however, if the IRS law is one thing and you write a contract that is in opposition of that law than it doesnt make it valid does it? If it is a law a contract between two business' cant negate the law.
my question is since I fell very very very very very strongly, based on my research, that I have been misclassified as an independent contrator and rather controlled as an employee the client has broken the law, I have read the IRS checklist many times and the relationship between I and the client has overstepped almost EVERy factor on the list making me seem a whole lot more like an employee. I want to sue them and get my back taxes, my employee provledges that their employees had, stock option i wasnt able to get, gas reimbursment, car payment and insurance raimbursment(theie employees get to drive company cars with free gas and insurance, also my health insurance I have been paying. what kind of lawyer do I seek out? and is it typical to give a free consultation with a reputable lawyer

**gixxerboy1** · 08-19-2008, 08:58 AM

most lawyers give a free consult. I would goto a tax attorney first. Our call your local bar administrion office they can point you to the right type of lawyer

**JiGGaMaN** · 08-19-2008, 10:27 AM

If you knowingly agreed to a contract that is contrary to a statutory provision you are pretty screwed. Also, you have no rights under that contract if it was illegal. lawyer up.

**crazycrab** · 08-19-2008, 11:08 AM

Are you trying to sue the company?

**crazycrab** · 08-19-2008, 11:13 AM

Sorry you had that in your post. Did you receive a 1099 tax form from them at the end of the year.

**Tock** · 08-20-2008, 11:49 AM

Originally Posted by BITTAPART2

The past year or so I have been told I am required to attend mandatory meetings, file specific reports, adhere to a specific dress code, get training from the company I am contracting for, told "how" to conduct business. This may sound all well for an employee but I am not an employee and if anyone knows the IRS's definitions of an independant cpntractor they totaly understand this company is not in compliance with the IRS. Therefore I am owed a sh1tload of money once the IRS deems me to have been treated as an employee and anot a contractor. The case is cut and dry, I have researched many many cases just like this one but none so blatent as this one, namely FedEx who was audited for this same issue and lost over 12 billion dollars due to paying back taxes and their contractors class action suit, again, even the FedEx case looks grayer than this one in mention here. It is a sure shot, i just dont know what kind of lawyer to hire, and if I could fins a decent one that would actually consult for free?? I dont mind paying for a good lawyer but i want some questions answered first and than I will determine if I want thtat lawyer or not. Is it an employment attoutney? a tax attourney? I dunno, the other thing is my contract that was in my place of business has gone missing????? I knew where it was for 5 years now poof its gone, and they wont send me a copy, they keep giving me the run around that they have passed the word along but no copy of my contract? this can easily be subpenad right? any help would make my day, thanks!!! BITTA

No need to hire a lawyer. Just contact your local IRS Advocate

http://www.irs.gov/advocate/article/0,,id=97395,00.html

They deal with this sort of thing all the time, and they have a 20-question list that will help identify whether or not you're an indepant contractor

http://www.irs.gov/businesses/small/...=99921,00.html