-7- December 4, 1987, and December 20, 1988), provides that overseas PSC's treat a contractor as an FBO government employee for all purposes except retirement. Petitioner was notified by a December 12, 1989, FBO memorandum that as a result of an Internal Revenue Service review of FBO personnel policies, it was determined that PSC's signed by FBO contractors created an employee-employer relationship between the parties and that petitioner should designate himself as an FBO employee (rather than as an independent contractor) on his 1989 Federal income tax return. Subsequent to the issuance of this memorandum, FBO issued petitioner a Form W-2 for "wages, tips and other compensation" in the amount of $74,183.04. FBO withheld Social Security tax from petitioner's income in the amount of $3,604.80. Petitioners' 1989 Federal Income Tax Return On petitioners' 1989 Form 1040, petitioners reported $74,183 as "business income" on line 12 and then subtracted $70,0005 on line 22 ("other income") with the notation "Exclusion from Form 2555."6 Thus, petitioner claimed a section 911 exclusion for a 5 The maximum amount permitted for the earned income exclusion was $70,000. 6 Form 2555, Foreign Earned Income, attached to petitioners' 1989 return, reported foreign earned income of $74,183, and listed "name of employer" as "self".Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011