- 7 - Mr. Grey’s Returns For each of 1995 and 1996, Mr. Grey made his return of income on Form 1040, U.S. Individual Income Tax Return. He reported income from petitioner in the amounts shown on the Schedules K-1; i.e., $33,196 and $24,990, for 1995 and 1996, respectively. For 1995, on Schedule C, Profit or Loss From Business (Schedule C), he reported $6,000 classified as “Management and Storage Rental of Office Space for Corporation, and Management and Accounting Services: 1099-MISC received”. For 1996, on Schedule C, he reported $7,200, without any identification; on Form 4831, Rental Income, he reported $6,000 as rental income attributable to his personal residence. Discussion I. Statutory and Regulatory Background A. Internal Revenue Code and Employment Tax Regulations Sections 3111 and 3301 impose employment taxes upon employers under FICA and FUTA, respectively, based on wages paid to employees. Section 3121(d) defines the term “employee” for purposes of the FICA tax. With certain modifications not relevant here, this definition applies for purposes of the FUTA tax as well. Sec. 3306(i). Under section 3121(d)(2), the term “employee” includes any individual who has the status of an employee under the common law. Paragraphs (1), (3), and (4) of section 3121(d) describePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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