Steven R. Goins - Page 3

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          6-month period in 1989.  One of these individuals was petitioner,           
          who, it was determined, was owed $1,078.99 in overtime pay.                 
          Because Carolina Acoustical considered petitioner an independent            
          contractor and not an employee of the company, it did not agree             
          with the Department of Labor that petitioner was entitled to the            
          back wages.  Carolina Acoustical did not pay petitioner any                 
          additional money.  The other three individuals, all of whom were            
          considered regular employees of the company, were paid back wages           
          in accord with the Department of Labor's determination.                     
               Following Carolina Acoustical's denial of payment,                     
          petitioner received a letter from the Department of Labor's Wage            
          and Hour Division in which petitioner was advised that because              
          Carolina Acoustical, d.b.a. The Tile Shop, had not agreed to pay            
          petitioner the $1,078.99, he would need to bring a private suit             
          to recover the money.  The letter stated:  "we can take no                  
          further action to secure payment of this money to you".  The                
          burden rested with petitioner to collect the back wages.                    
               Petitioner's Form 1099 for taxable year 1989 reported                  
          nonemployee compensation from Carolina Acoustical in the amount             
          of $11,919.17.  Although Carolina Acoustical made deductions from           
          petitioner's weekly paychecks for items such as workmen's                   
          compensation insurance, gasoline, wage and petty cash advances,             
          and loan repayments, the Form 1099 indicated that no Federal                
          income tax had been withheld for 1989.  Petitioner's Forms W-2              





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