- 7 - whether the Secretary’s determination of worker classification is correct and to determine the amount of employment taxes, additions to tax, and penalties provided by Chapter 68 of Subtitle F (sections 6651 through 6751). Ewens & Miller, Inc. v. Commissioner, 117 T.C. 263, 267-268 (2001). Sections 3111 and 3301 impose FICA and FUTA taxes on employers for wages paid to their employees. Wages for FICA and FUTA purposes are defined as “all remuneration for employment, including the cash value of all remuneration (including benefits) paid in any medium other than cash” with exceptions not applicable in this case. Secs. 3121(a), 3306(b). Generally, the form of payment is immaterial. Secs. 31.3121(a)-1(c) and (d), 31.3306(b)-1(b), (e), Employment Tax Regs. Payment can be made in cash or something other than cash. Secs. 31.3121(a)-1(c) and (d), 31.3306(b)-1(b), (e), Employment Tax Regs. Thus, “an officer 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. 141, 145 (2001). Petitioner sought to prove the existence of an oral agreement between the corporation represented by its president, Mr. Henderson, and its sole shareholder, Mr. Henderson. In essence, petitioner seeks to prove an oral agreement by Mr.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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