- 4 -
1984 $ 3,203.00
1985 $ 5,169.00
1986 $ 5,597.00
1987 $ 2,270.00
1988 $ 2,270.00
1989 $ 2,270.00
Total FICA Overpayments $20,779.00
Please apply the overpayments to the outstanding 1995
taxes owed less any interest or penalties since the
monies were paid before the tax was due. Please
forward a check in the amount of any overpayments to
John J. Maloney at the above address.
On April 4, 2002, respondent issued a notice of
determination to petitioners with respect to their unpaid tax for
1984, in which he determined:
The taxpayer wrote that there were overpayments of FICA
taxes for the years 1984, 1985, 1986, 1987, 1988 and
1989. These overpayments total $20,779. The reason
for the overpayments is that John J. Maloney &
Associates is a sole proprietor and as such cannot be
an employee. The same holds true for Mary F. Maloney.
The amount of FICA tax on John J. Maloney as a sole
proprietor is less than as an employer-employee. The
amount of FICA tax on May [sic] F. Maloney is zero
since al [sic] the income would be taxed through John J
Maloney.
At the hearing, the taxpayer stated that this issue was
settled by the Tax Court and he owed no tax for 1984.
He also stated that it appeared that the statute for
assessment was gone when the liability was assessed.
He also questioned whether the assessed interest was
correct.
Review of closed Appeals cases indicated that the Tax
Court Case settled by the Tax Court for the tax year
ending December 31, 1984 was for the same amount as the
assessment. The statute for assessment date was
verified. The assessment was timely. The assessed
interest was correct.
The taxpayer stated that there was excess FICA tax
calculated and paid for years not under Appeals
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011