- 6 - Service’s (IRS) Taxpayer Service, petitioner filed a Form 4852, “Substitute for Form W-2, Wage and Tax Statement or Form 1099R, Distributions from Pensions, Annuities, Retirement or Profit- Sharing Plans, IRA’s, Insurance Contracts, etc.” Petitioner sent the Form 4852 to the IRS’s Philadelphia Criminal Investigation Unit in June of 1993. Petitioner did not provide details of any wages or taxes withheld on the substitute Form W-2 because she was uncertain as to which items of income to include in her calculations. However, petitioner asserted on the substitute Form W-2 that her employer’s Form W-2 does not appear to be valid because: (1) Money reported as earnings may actually be monies illegally withheld from taxpayer’s retirement fund during the years of credited service (1963-1992); (2) If, money reported as earnings, constitute employer contractual liability for wrongful discharge of taxpayer, then amount entered is inaccurate. Employer obligation at 6 per cent annum exceeds the amount entered in Box 10.[5] (3) Monies issued to taxpayer identified as payroll checks 95799[6] and 96800[7] dated December 21, 1992 are not constructively received because they are 5Wages, tips and other compensation. 6The payroll check for $29,068.18 represented backpay and interest on backpay of $55,634.51 after payroll deductions for the 1989-90 school year. 7Petitioner appears to be referring to check no. 95800, not 96800. Check no. 95800 is a payroll check for $30,011.60, which represented backpay and interest on backpay of $52,874.51 after payroll deductions for the 1990-91 school year.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011