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KENTFIELD MEDICAL HOSPITAL CORP. v. U.S.

No. C-01-2989-VRW.

215 F.Supp.2d 1064 (2002)

KENTFIELD MEDICAL HOSPITAL CORP, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N.D. California.

June 20, 2002.

Attorney(s) appearing for the Case

Jeffrey Cooper, Schnader, Harrison, Segal & Lewis, LLP, Philadelphia, PA, Carter H. Dukes, Birmingham, AL, for plaintiff.

Mark J. Korab, Michael N. Wilcove, U.S. Department of Justice, Tax Division, Washington, DC, for defendant.

ORDER.

WALKER, District Judge.

Kentfield Medical Hospital Corp (Kentfield) initiated this action to recover taxes paid under protest. At issue is whether Kentfield properly treated its psychologists as independent contractors rather than employees. An IRS audit concluded that Kentfield's psychologists were employees rather than independent contractors and assessed employee taxes (FICA and FUTA) on Kentfield. Kentfield moves for summary judgment on its claim...

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