Yeagle Drywall Company, Inc. - Page 5




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          taxes, and (2) petitioner was not entitled to “safe harbor” relief          
          from these taxes as provided by section 530 of the Revenue Act of           
          1978, Pub. L. 95-600, 92 Stat. 2885 (Section 530).  Attached to the         
          Notice of Determination was a schedule detailing the amount of the          
          proposed Federal employment taxes.  Thereafter, petitioner filed            
          with the Court a timely petition seeking our review of respondent’s         
          Notice of Determination.                                                    
                                     Discussion                                       
               Petitioner contends that Mr. Yeagle was not its employee and           
          that it properly distributed its net income to the Yeagles, as its          
          only shareholders, pursuant to section 1366.  On the other hand,            
          respondent contends that Mr. Yeagle was an employee of petitioner           
          because he was an officer of petitioner and performed substantial           
          services on petitioner’s behalf.                                            
               Sections 3111 and 3301 impose FICA (social security) and FUTA          
          (unemployment) taxes on employers for wages paid to their                   
          employees.  An officer of a corporation, "who performs substantial          
          services for a corporation and who receives remuneration in any             
          form for those services is considered an employee, whose wages are          
          subject to Federal employment taxes."  Veterinary Surgical                  
          Consultants, P.C. v. Commissioner, 117 T.C. ___, ___ (2001) (slip           
          op. at 7); see also sec. 3121(d); sec. 31.3121(d)-(1)(b),                   
          Employment Tax Regs.                                                        








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