- 3 - Prior to the year in issue, during the 1981 and 1982 taxable years, petitioner worked as a furniture lumper. A lumper is a laborer employed to handle freight or cargo. On their 1981 and 1982 Federal income tax returns, petitioners claimed withholdings were made on petitioner's behalf in the amounts of $11,060.84 and $12,601.25, respectively. Following an audit, the Commissioner determined that these amounts, which were claimed as withholding for the taxable years 1981 and 1982, were never withheld or paid to the Service during the taxable years 1981 and 1982. The Commissioner further determined that petitioner was an indepen- dent contractor during the 1981 and 1982 taxable years in which he worked as a furniture lumper. The Commissioner determined that, as an independent contractor, petitioner was liable for self-employment tax in the amounts of $2,245 and $2,356 for the tax years 1981 and 1982, respectively. Petitioners paid $42,700 in interest in 1991 to the Service on account of their tax liabilities arising from the overstatement of credits for with- holding and the failure to pay self-employment tax during the 1981 and 1982 tax years. On Schedule C of their 1991 Federal income tax return, petitioners claimed this interest expense as a business expense. Respondent disallowed the entire $42,700 deduction as a Schedule C interest expense.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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