-6- The relevant regulations which were prescribed under section 6011(a), specifically, section 1.6011-1(a), Income Tax Regs., and section 31.6011(a)-4(a), Employment Tax Regs., provide in relevant part: Sec. 1.6011-1. General Requirement of Return, Statement, or List. (a) General rule.--Every person subject to any tax, or required to collect any tax, under subtitle A of the Code, shall make such returns or statements as are required by the regulations in this chapter. The return or statement shall include therein the information required by the applicable regulations or forms. * * * * * * * Sec. 31.6011(a)-4. Returns of Income Tax Withheld. (a) Withheld from wages. (1) In general.* * * every person required to make a return of income tax withheld from wages pursuant to section 3402 shall make a return for the first calendar quarter in which the person is required to deduct and withhold such tax and for each subsequent calendar quarter, whether or not wages are paid therein, until the person has filed a final return in accordance with �31.6011(a)-6. * * * Form 941 is the form prescribed for making the return required under this paragraph. It is the text of these three quoted provisions that establishes the requirement that petitioner file the Forms 941 at issue. Cf. Slodov v. United States, 436 U.S. 238, 242-243 & n.2 (1978) (Court referenced sec. 31.6011(a)-4, Employment Tax Regs., in discussing the “return filing requirements” for quarterly payrollPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011