Nu-look Design, Inc. - Page 7




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               Petitioner did not have a reasonable basis for failing to              
          treat Stark 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) and           
          FUTA (pertaining to unemployment), respectively, based on wages             
          paid to employees.  The term “wages” as used in these statutes              
          generally encompasses “all remuneration for employment”.  Secs.             
          3121(a), 3306(b).  “Employee” is defined for purposes of FICA               
          taxes in section 3121(d), and, with modifications not germane               
          here, section 3306(i) makes this definition applicable for                  
          purposes of FUTA taxes as well.  Section 3121(d) provides:                  
                    SEC. 3121(d).  Employee.--For purposes of this                    
               chapter, the term “employee” means--                                   
                         (1) any officer of a corporation; or                         
                         (2) any individual who, under the usual                      
                    common law rules applicable in determining the                    
                    employer-employee relationship, has the status of                 
                    an employee; or                                                   
                         (3) any individual (other than an individual                 
                    who is an employee under paragraph (1) or (2)) who                
                    performs services for remuneration for any                        
                    person--                                                          
                              (A) as an agent-driver or commission-                   
                         driver * * *;                                                






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