Steven R. Goins - Page 6

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               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 with           





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