Jack H. Meyer - Page 11

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          Surgical Consultants, P.C. v. Commissioner, supra at 151; secs.             
          31.3121(a)(1)-1(a)(3), 31.3306(b)(1)-1(a)(3), Employment Tax                
          Regs.  Moreover, this Court’s jurisdiction in determining a                 
          credit of FICA taxes is expressly limited by section 31(b) to               
          FICA taxes withheld as a result of receiving wages from more than           
          one employer.                                                               
               Petitioner worked for Key Boys during 1998.  Petitioner                
          testified that he was an employee during 1998.  Petitioner did              
          not claim that he worked for more than one employer in 1998.                
          Petitioner provided no evidence and no legal basis for claiming a           
          tax credit for FICA taxes on his 1998 return.  Accordingly, we              
          sustain respondent’s determination that petitioner is not                   
          entitled to credits for excess Social Security and Medicare taxes           
          withheld from the wages he earned in 1998 as an employee of Key             
          Boys.                                                                       
               We have considered all other arguments made by petitioner              
          and conclude they are either irrelevant or without merit.                   
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   


                                                  Decision will be entered            
                                             under Rule 155.                          









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