Kenneth W. Frische - Page 3




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          in and around Reno, Nevada, for his process services.                       
               Petitioner considered himself an independent contractor for            
          tax purposes.  He reported his process-serving income and claimed           
          his expenses on his Federal income tax returns on a Schedule C,             
          Profit or Loss From Business.  Petitioner realized a net profit             
          for each of the years at issue.                                             
               Petitioner's earnings from his activity were paid to him by            
          the Messenger Service.  For each year at issue, the Messenger               
          Service issued to petitioner Internal Revenue Service (IRS) Forms           
          W-2, Wage and Tax Statement, reflecting the amounts paid to                 
          petitioner for his services.  The Forms W-2 classified                      
          petitioner's remunerations as wages.  The Messenger Service                 
          withheld Social Security and Federal income taxes on the                    
          payments.  Petitioner, however, on his Federal income tax                   
          returns, reported the Form W-2 amounts as gross income on                   
          Schedule C.  Petitioner claimed deductions for expenses related             
          to his activity, consisting of car and truck expenses, meals and            
          entertainment, and utilities.  Although he realized a net profit            
          for each of the years at issue, petitioner did not include with             
          his returns the appropriate schedules for self-employment taxes.            
               In the notice of deficiency, respondent determined that                
          petitioner was not an independent contractor but, rather, was an            
          employee and that his earnings from the Messenger Service                   
          constituted salary or wages.  Respondent further determined that            





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