Veterinary Surgical Consultants, P.C. - Page 7




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          issue in this proceeding.  The notice was based on a                        
          determination that Sadanaga 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.             
               It is stipulated that, if the Court decides that Sadanaga is           
          to be classified as an employee for Federal employment tax                  
          purposes for all periods in 1997 and 1998, the amounts of taxes             
          due and owing are as set forth in the notice of determination.              
          Conversely, if the Court decides that Sadanaga 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                               
               Sadanaga, as president of petitioner, performed more than              
          minor services and received remuneration therefor.                          
               Petitioner did not have a reasonable basis for failing to              
          treat Sadanaga 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           






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