-3- These amounts result from respondent’s determination that Charlotte Odell (Ms. Odell) received “wages” in the form of payments (disputed payments) which petitioner made to her primarily as “royalties” and, for 1995 and 1996, that petitioner also had “Other Workers” who received “wages”. Respondent determined that petitioner is liable for the additions to tax because it failed to file timely the requisite returns (Forms 941, Employer’s Quarterly Federal Tax Returns) reporting the “wages” and/or failed to deposit timely the related taxes. Approximately 2 weeks before the trial of this case, respondent conceded his determination as to the “Other Workers”. Shortly thereafter, respondent moved the Court to dismiss 1996, 1997, and 1998 for lack of jurisdiction. Respondent asserts that the notice of determination is invalid as to those 3 years because, respondent maintains, neither party has disputed that Ms. Odell was petitioner’s employee during 1996, 1997, and 1998 by virtue of other amounts during those years which petitioner paid to her as wages. Respondent argued that the Court’s jurisdiction under section 7436(a) extends only to those cases where a taxpayer asserts that an individual performing services for the taxpayer is a nonemployee and respondent has determined that the individual is an employee. Respondent’s motion does not include 1995 in that petitioner disputes that Ms. Odell was petitioner’s employee during that year.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011