- 6 - Even if it were assumed that Carolina Acoustical was petitioner's employer and as such is liable for taxes it failed to withhold from his paycheck, see sec. 3403, petitioner is also liable for the taxes, sec. 61(a). Respondent may collect payment from either the employee or the employer, but the employee remains ultimately liable for his own taxes even though his employer was obligated to withhold. In Edwards v. Commissioner, supra at 84, this Court held as follows: had the respondent chosen to do so, he could have attempted to collect from the company the amount which it was required to withhold from the settlement payment. Respondent, however, need not do so, but may assess the tax against the employee upon whom, in the final analysis, the tax burden must fall. The employee of an employer failing to properly withhold amounts for tax is not entitled to a credit for amounts which were never withheld from him. Petitioner's paychecks are unambiguous as to the amounts and purpose of each "withholding". When workmen's compensation insurance or loan payments were deducted from his weekly wages, a notation was made on the left side of the check that money was being subtracted as "2.10% Wo. Comp. Ins." or deducted as a "Loan Payment". Petitioner was notified of each deduction in this manner, and out of the 29 paychecks received by petitioner in 1989, not one indicated a deduction for Federal income tax. Because the evidence reflects that no income tax was actually withheld by Carolina Acoustical, petitioner remains ultimately liable for his own taxes, and may not be credited withPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011