Superior Proside, Inc. - Page 5




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          Murdock’s Tax Reporting                                                     
               For each of the years 1995, 1996, and 1997, Murdock and his            
          wife filed a joint Form 1040, U.S. Individual Income Tax Return.            
          On these returns, Murdock reported as ordinary income from                  
          “Rental real estate, royalties, partnerships, S corporations,               
          trusts, etc.” $29,671.48, $29,402.99, and $41,668.75 for 1995,              
          1996, and 1997, respectively.  Attached Schedules E, Supplemental           
          Income and Loss, characterize the foregoing amounts as nonpassive           
          income from Schedules K-1.                                                  
          The Notice of Determination                                                 
               Prior to the audit underlying the instant case covering                
          1995, 1996, and 1997, respondent neither audited petitioner for             
          employment tax purposes nor challenged petitioner’s treatment of            
          Murdock as other than an employee.  Thereafter, on February 23,             
          2000, respondent sent to petitioner the notice of determination             
          at issue in this proceeding.  The notice was based on a                     
          determination that Murdock 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            
          Murdock is to be classified as an employee for Federal employment           
          tax purposes for all periods in 1995, 1996, and 1997, the amounts           




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