Jack H. Meyer - Page 10

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          Stat. 415 (1954), currently codified as secs. 3101-3125, imposes            
          Social Security and Medicare taxes (collectively referred to as             
          “FICA taxes”) on a portion of the wages paid to an employee.                
          Under FICA, the employer and the employee each pay a like amount            
          of FICA taxes based on the employee’s wages as defined in section           
          3121(a).  Secs. 3101, 3111.  The employer withholds the                     
          employee’s half of the FICA taxes and remits it, along with the             
          employer’s half, to the Treasury Department.  Sec. 3102.  Section           
          3121(a) defines wages and establishes the annual ceiling which              
          limits the amount of wages subject to the Social Security portion           
          of the FICA taxes.  The taxable wage base applies separately to             
          each employer.  Veterinary Surgical Consultants, P.C. v.                    
          Commissioner, 117 T.C. 141, 151 (2001), affd. sub nom. Yeagle               
          Drywall Co. v. Commissioner, 54 Fed. Appx. 100 (3d Cir. 2002).              
          Thus, if an employee receives wages from more than one employer,            
          the annual wage limitation does not apply to the aggregate                  
          compensation received.  Id.; secs. 31.3121(a)(1)-1(a)(3),                   
          31.3306(b)(1)-1(a)(3), Employment Tax Regs.                                 
               Section 3502(a) provides that the FICA taxes imposed on the            
          employee’s portion of his wages shall not be allowed as a                   
          deduction to the taxpayer in computing taxable income.  However,            
          the employee may be eligible for a credit or refund of the excess           
          employee portion of the FICA tax that applies with respect to               
          wages in excess of the applicable wage limitation.  Veterinary              






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