Western Management, Inc. - Page 11

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               Petitioner treated Kovacevich as an employee.  Sec.                    
          530(a)(1)(A).  Petitioner’s board of directors voted to pay                 
          Kovacevich a $60,000 salary and issued a Form W-2, Wage and Tax             
          Statement, relating to 1991.  In addition, Kovacevich, in his               
          capacity as petitioner’s president, filed an amended Form 941 for           
          1991, 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. [Emphasis added.]                 
          Furthermore, petitioner did not file Forms 1099 relating to                 
          payments made to Kovacevich.  Sec. 530(a)(1)(B).  Thus,                     
          petitioner fails the first two requirements and, accordingly, is            
          not entitled to relief.                                                     
          IV. Liability for Employment Tax                                            
               Petitioner paid Kovacevich $132,000 and $33,250 in wages               
          during 1994 and the first quarter of 1995, respectively.  Because           
          we have determined that Kovacevich is an employee under sections            
          3121(d)(2) and 3306(i), petitioner is liable for FICA and FUTA              
          taxes as determined by respondent.  See secs. 3306(a)(1) and (b),           
          3111(a) and (b).                                                            
          V.   Penalties Under Sections 6656 and 6662(a)                              
               Section 6656 imposes a penalty equal to 10 percent of the              
          portion of an underpayment in tax that is required to be                    
          deposited if the failure to deposit is more than 15 days beyond             
          the prescribed deadline.  See sec. 6656(a); secs. 31.3402(b)-1,             




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