Charlotte's Office Boutique, Inc - Page 8

          tax set forth therein does not apply to a return required to be             
          filed under authority of part III, we do not find in section                
          6041, or in the underlying regulations, an express requirement              
          that petitioner file the Forms 941 at issue.  In fact, we read              
          the applicable regulations under section 6041 to state                      
          specifically that an employer such as petitioner must make for              
          each calendar year an “information return” and that it must do so           
          on “Forms W-3 [Transmittal of Wage and Tax Statements] and W-2              
          [Wage and Tax Statement]”.  Sec. 1.6041-1(a)(1)(i) and (2),                 
          Employment Tax Regs.  We also note in this regard that Form 941             
          is entitled a “Tax Return” as opposed to an information return.             
               In closing, each party has submitted to the Court a proposed           
          computation for entry of decision and an objection to the other             
          party’s proposed computation.  We have reviewed these proposed              
          computations and objections, and we conclude that respondent’s              
          proposed computation properly reflects our Opinion at 121 T.C. 89           
          and that petitioner’s proposed computation does not.  We have               
          considered all objections and assertions made by petitioner as to           
          this matter, and we have found those objections and assertions              
          not discussed herein to be irrelevant and/or without merit.                 

                                             Decision will be entered in              
                                        accordance with respondent’s                  
                                        proposed computation.                         

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