Steven R. Goins - Page 7

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          amounts which Carolina Acoustical failed to withhold.  Church v.            
          Commissioner, supra.                                                        
               Petitioner also contends he is entitled to a tax credit for            
          unpaid back wages withheld from him by Carolina Acoustical.  The            
          company's accountant, John L. Tilly, testified that Carolina                
          Acoustical owed four workers overtime back wages but the company            
          only paid the three individuals whom it considered regular                  
          employees.  Petitioner did not receive his overtime pay even                
          though he was subsequently determined to have employee status by            
          the IRS.                                                                    
               Petitioner may indeed be entitled to additional income from            
          Carolina Acoustical, but that is an issue between him and the               
          company.  We cannot require the IRS to collect petitioner's                 
          income from Carolina Acoustical and apply it toward his tax                 
          liability.  In effect, that would be asking respondent to enforce           
          petitioner's private right of action against the company in lieu            
          of collecting the taxes from petitioner directly.                           
               Petitioner has come to court with the burden of proving                
          respondent's determinations are erroneous.  Rule 142(a); Welch v.           
          Helvering, 290 U.S. 111, 115 (1933).  He has not met this burden.           
          Petitioner did not prove that respondent's determination that he            
          had unreported income for 1989 is in error.                                 
               As far as petitioner's deductions are concerned, respondent            
          concedes that petitioner is entitled to certain deductions as               





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