Wiley L. Barron, CPA, Ltd. - Page 5




                                        - 4 -                                         
                           Year        Distribution                                   
                           1994          $56,352                                      
                           1995           53,257                                      
                           1996           83,341                                      

          C. Form W-2                                                                 
               In 1994, Mr. Barron received a salary from petitioner in the           
          amount of $2,000.  In contrast, Mr. Barron did not receive a                
          salary from petitioner in either 1995 or 1996.                              
               For 1994, petitioner issued Form W-2 (Wage and Tax                     
          Statement) to Mr. Barron.  The Form W-2 was issued in respect of            
          the salary paid to Mr. Barron for that year.  The form reflects             
          the payment of wages and the withholding of taxes as follows:               
                    Wages/Withholding            Amount                               
                    Wages, tips, other compensation    $2,000                         
                    Federal income tax withheld           -0-                         
                    Social Security wages               2,000                         
                    Social Security tax withheld          124                         
                    Medicare wages and tips             2,000                         
                    Medicare tax withheld                  29                         
                    State wages, tips, etc.             2,000                         
                    State income tax withheld             -0-                         

          The payment of wages and the withholding of taxes were for the              
          fourth quarter of 1994.                                                     
               Petitioner did not issue a Form W-2 to Mr. Barron for either           
          1995 or 1996.3                                                              


               3  The record suggests that other than for $2,000 of                   
          compensation in 1994, Mr. Barron reported income from petitioner            
          as passthrough of S corporation income, pursuant to sec. 1366, on           
          Part II of Schedule E (Supplemental Income and Loss) of his                 
          individual income tax returns.  We note that a shareholder’s                
          share of an S corporation’s income is not subject to self-                  
          employment tax.  See Durando v. United States, 70 F.3d 548, 550             
                                                             (continued...)           




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