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@Skylane wrote:.Did the attorney file an SS8?  

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In my opinion, this is the key.

Form 8919 can't be filed until SS-8 is filed.  An SS-8 means somebody is arguing that this person is NOT a contractor, but is an employee.  So if the attorney is arguing that, the attorney should be filing the SS-8.

After the SS-8 is filed, you can file the 8919 to pay the taxes as an employee.  If you file a 8919, you DON'T also file a Schedule C for that income.