I received a 1099 form from the company I worked for in 2008 & 2009. For 2008, I didn't question it, and filed as an independent contractor. Since I no longer work there now, for 2009 I filed an ss-8 to request reclassification as an employee (I have a very good case), paid my 2009 taxes as if I was a contractor (much higher taxes!), but filed an tax extension instead of filing the forms. I am still waiting for an ss-8 determination, and 2009 forms are now due. My question is: Should I file my forms as if I was an ind. Contractor, or an employee? Does it matter at this point? I have already filled out the forms as if I was a ind. Contractor, and it will be a big pain to redo them before Oct 15. Also, should I do anything to amend the 2008 forms yet, or wait until I get the ss-8 determination from the IRS?

Wait for the SS-8 determination. File as an independent contractor in the meantime.