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A worker meets the definition of an employee under the common law test.

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A worker meets the definition of an employee under the common law test. Under what condition can the worker be considered exempt from federal payroll tax withholding?

A.

The employer has filed a Form SS-8

B.

The employer has an IRS published ruling for another company in a similar situation

C.

There was a past IRS audit of the employer that resulted in a finding of tax or penalty owed

D.

There is a longstanding, recognized practice in a significant segment of the employer's industry

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