- 6 - determination that Graham was to be legally classified as an employee for purposes of Federal employment taxes and that petitioner was not entitled to relief from such classification pursuant to Section 530. Enclosed with the notice was a schedule setting forth petitioner’s liabilities for FICA and FUTA taxes. The parties have stipulated that, if the Court decides that Graham is to be classified as an employee for Federal employment tax purposes for all periods in 1995, 1996, and 1997, the amounts of taxes due and owing are as set forth in the notice of determination. Conversely, if the Court decides that Graham should not be classified as an employee for any of the periods in issue, the parties agree that petitioner owes no employment taxes. ULTIMATE FINDINGS OF FACT Graham, as president of petitioner, performed more than minor services and received remuneration therefor. Petitioner did not have a reasonable basis for failing to treat Graham as an employee during the years in issue. OPINION I. Statutory and Regulatory Provisions A. Subtitle C of the Internal Revenue Code Subtitle C of the Internal Revenue Code governs payment of employment taxes. In particular, sections 3111 and 3301 impose taxes on employers under FICA (pertaining to Social Security) andPage: 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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