- 7 - 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 asPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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