Western Management, Inc. - Page 4

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               Kovacevich and his wife (Kovacevichs) maintained, at Farmers           
          and Merchant’s Bank, a personal line of credit.  On the corporate           
          ledgers, Moe listed the checks written to Farmers and Merchants             
          Bank and MBNA in the “Receivable from Officer” account.  These              
          checks had an “LN” memo description, indicating that the payment            
          related to a loan or the “Receivable from Officer” account.                 
               From 1982 through 1992, petitioner sponsored a defined                 
          benefit plan for Kovacevich, its only participant.  In 1982 and             
          1984, petitioner contributed $46,473 and $81,822, respectively,             
          to the plan.                                                                
               Petitioner’s fiscal year ends on March 31.  On its corporate           
          income returns for 1994 and 1995, petitioner deducted officers’             
          compensation expenses in the amounts of $132,000 and $133,000,              
          respectively.  Kovacevich, in his capacity as president, amended            
          petitioner’s 1991 Form 941, Employer's Quarterly Federal Tax                
          Return, with the following statement:                                       
               The amount of earnings of Employee Robert E. Kovacevich                
               was not clear, hence was left off.  The Employee paid                  
               all Income Tax due, hence the withholding is                           
               unnecessary.  However the Social Security Tax is due.                  
               A completed W-2(c) term is included.                                   
               On April 28, 1999, respondent sent petitioner a notice of              
          determination, in which respondent determined that Kovacevich was           
          an employee for Federal employment tax purposes and that                    
          petitioner was not entitled, pursuant to section 530, to relief             
          from such classification.  Enclosed with the notice of                      






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