-5- Bifurcated Salary The College of Notre Dame waived tuition for students whose parents were college employees. Petitioners could not take advantage of the tuition waiver benefit because they had sons and the College admitted women only. Mr. Marzullo wanted to receive a benefit that was similar to the tuition waiver. He also wanted to structure his compensation package with the College to mitigate, at least to some degree, the loss of benefits he had been receiving from his previous employer. To achieve these results, Mr. Marzullo devised a bifurcated salary arrangement for himself, in which only a portion of his income was paid as salary and reported by the College to the Internal Revenue Service (IRS) on a Form W-2. The balance of his compensation was transferred to an accounts payable account that normally was used for nontaxable employee reimbursement. That part of his compensation (which was not reported to the IRS on a Form W-2) was paid to Mr. Marzullo or to third parties for Mr. Marzullo's benefit. Mr. Marzullo used the unreported money to pay for such things as credit card bills for a family vacation, bills for his life and disability insurance premiums, and his sons' tuition. The payments classified to the accounts payable account which were omitted from petitioners' Federal income tax returns were: Year Amount 1986 $12,322 1987 29,296 1988 21,542Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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