Stephen & Dawn Del Monico - Page 11

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               Petitioner’s argument is not supported by the record.                  
          Regardless of whether New Dimensions properly classified                    
          petitioner as an independent contractor during this period (see             
          below), petitioner has not introduced credible evidence that New            
          Dimensions withheld income taxes from petitioner’s paychecks.               
          If an employer does not actually withhold taxes, the employee is            
          not entitled to a credit for amounts which should have properly             
          been withheld.  Edwards v. Commissioner, 39 T.C. 78, 83-84                  
          (1962), affd. on this issue 323 F.2d 751 (9th Cir. 1963); Goins             
          v. Commissioner, T.C. Memo. 1997-521, affd. without published               
          opinion 151 F.3d 1029 (4th Cir. 1998).  The record indicates                
          that New Dimensions intended to treat petitioner as an                      
          independent contractor for payroll purposes, and therefore did              
          not withhold taxes.  Petitioner’s paychecks ceased to include               
          pay stubs indicating that taxes were withheld, and New                      
          Dimensions did not report wages paid or payroll taxes withheld              
          on its Form 941 for this period.  New Dimensions accounted for              
          petitioner’s compensation on a Form 1099.  Petitioner did not               
          introduce any evidence, aside from his self-serving,                        
          uncorroborated testimony, in support of his claim that Federal              
          income tax was being withheld from his pay during the disputed              
          pay period.  It is well established that this Court is not bound            
          to accept a taxpayer’s self-serving, unverified, and                        








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