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CENCAST SERVICES, L.P. v. U.S.

Nos. 02-1916T, 02-1917T, 02-1918T, 02-1919T, 02-1920T, 02-1921T, 02-1922T, 02-1923T, 02-1924T, 02-1925T

CENCAST SERVICES, L.P., ET AL., Plaintiffs, v. THE UNITED STATES, Defendant.

United States Court of Federal Claims.

September 3, 2010.

Attorney(s) appearing for the Case

Kent A. Yalowitz, Arnold & Porter LLP, New York, N.Y., Attorney of Record for plaintiffs. Amalia W. Jorns, Hannah Fox, Arnold & Porter, LLP, New York, N.Y., and James P. Joseph, Arnold & Porter, LLP, Washington, D.C., of counsel.

Fredrick C. Crombie, Attorney of Record for defendant. Mary M. Abate, Assistant Chief, Steven I. Frahm, Chief, Court of Federal Claims Section, Tax Division, John A. DiCicco, Acting Assistant Attorney General, United States Department of Justice, Washington, D.C., of counsel.

OPINION AND ORDER

GEORGE W. MILLER, Judge.

Before the Court are several motions relating to plaintiffs' claims that certain of the workers whose employment taxes are at issue in these cases were actually independent contractors, not employees. Defendant has moved in limine to preclude plaintiffs from asserting their independent contractor claims based principally on the doctrine of variance (docket entry 249, Jan. 15, 2010)...

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