- 3 - are: (1) Whether certain payments made by petitioner to, or on behalf of, Mr. Henderson should be recharacterized as wages subject to Federal employment taxes; (2) whether petitioner is liable for the additions to tax under section 6656; and (3) whether petitioner is liable for the penalties under section 6662(a). Some of the facts in this case have been stipulated and are so found. Petitioner is an S corporation that was incorporated in North Carolina on or about May 7, 1991. At the time the petition was filed, petitioner’s principal place of business was in Raleigh, North Carolina. Petitioner operates a brokerage/real estate company that is the sole source of its income. Since petitioner’s incorporation and all during 1995 and 1996, Mr. Henderson has owned 100 percent of petitioner’s stock and has been the president of petitioner. Mr. Henderson worked approximately 32 hours per week for petitioner during 1995 and 1996. During the years in issue, Mr. Henderson performed many services for petitioner. Mr. Henderson negotiated with sellers of real property, reviewed development budgets, reviewed development progress, assisted in the negotiation of sales of lots to residential builders, reviewed financial operations, arranged financing for joint ventures, assisted in organizing and setting up development entities,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011