Joseph M. Grey Public Accountant, P.C. - Page 7




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          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) describe              






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