- 2 - sole issue to be decided is whether John G. Yeagle (Mr. Yeagle) is an employee of petitioner for the period at issue (each of the four quarters of 1995, 1996, and 1997) for purposes of Federal employment taxes.1 Rule references are to the Tax Court Rules of Practice and Procedure, and except as otherwise noted, section references are to the Internal Revenue Code in effect for the years at issue. Background The stipulation of facts and the attached exhibits are incorporated herein. The stipulated facts are hereby found. Petitioner is an S corporation that was incorporated in Pennsylvania on October 2, 1989. At the time the petition was filed, petitioner’s principal place of business was in Quakertown, Pennsylvania. Petitioner operates a drywall construction business that is the sole source of petitioner’s income. Mr. Yeagle owns 99 percent of petitioner’s stock. Mr. Yeagle’s wife, Terree Yeagle (Mrs. Yeagle), owns the remaining 1 percent. Since petitioner’s incorporation, Mr. Yeagle has been its president, and Mrs. Yeagle has been its vice president and secretary. Mr. Yeagle performs many services for petitioner, including soliciting business, ordering supplies, entering into oral and 1 For convenience, we use the term "Federal employment tax" to refer to taxes under secs. 3101-3125 (enacted as Federal Insurance Contributions Act (FICA), ch. 9, 53 Stat. 175 (1939)) and secs. 3301-3311 (enacted as Federal Unemployment Tax Act (FUTA), ch. 9, 53 Stat. 183 (1939)).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011