Diana T. Visco - Page 6




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          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.                             





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