Superior Proside, Inc. - Page 6




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          of taxes due and owing are as set forth in the notice of                    
          determination.  Conversely, if the Court decides that Murdock               
          should not be classified as an employee for any of the periods in           
          issue, the parties agree that petitioner owes no employment                 
          taxes.                                                                      
                              ULTIMATE FINDINGS OF FACT                               
               Murdock, as president of petitioner, performed more than               
          minor services and received remuneration therefor.                          
               Petitioner did not have a reasonable basis for failing to              
          treat Murdock as an employee during the years in issue.                     
                                       OPINION                                        
          I.  Statutory and Regulatory Provisions                                     
               A.  Subtitle C of the Internal Revenue Code                            
               Subtitle C of the Internal Revenue Code governs payment of             
          employment taxes.  In particular, sections 3111 and 3301 impose             
          taxes on employers under FICA (pertaining to Social Security) and           
          FUTA (pertaining to unemployment), respectively, based on wages             
          paid to employees.  The term “wages” as used in these statutes              
          generally encompasses “all remuneration for employment”.  Secs.             
          3121(a), 3306(b).  “Employee” is defined for purposes of FICA               
          taxes in section 3121(d), and, with modifications not germane               
          here, section 3306(i) makes this definition applicable for                  
          purposes of FUTA taxes as well.  Section 3121(d) provides:                  








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