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Thursday, October 15, 2026

Case: Nurses Found to Be Common Law Employees Requiring Employment Taxes to Be Collected, Paid (TC Memo) (IRC §3121) - Bloomberg Tax

Nurses hired by staffing agency considered employees requiring the withholding of employment taxes, the U.S. Tax Court held in a memorandum opinion. Taxpayer operates a business of providing at-home private duty nursing services to children with special needs. Taxpayer hired the nurses on a permanent basis for an indefinite period, with Taxpayer normally informing the nurses that they were “employed” on a “full-time” basis. Nurses were required to give two weeks notice if they wanted to end the working relationship. Taxpayer received payments from the insurance companies, not the nurses. Taxpayer assigned nurses to a patient. Nurses could work for ...

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