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New Dimensions reported that it paid the following amounts
to petitioner in 1999: (1) Gross wages in the amount of
$28,320, as reported on a Form W-2, Wage and Tax Statement
(Form W-2), and (2) nonemployee compensation in the amount of
$12,396, as reported on a Form 1099-MISC, Miscellaneous Income
(Form 1099). Petitioners reported the $28,320 in wages on their
1999 Federal income tax return, but they did not report the
$12,396 in nonemployee compensation. Petitioner claims that he
did not receive a copy of the Form 1099.
The record clearly reflects that the $28,320 reported on
the Form W-2 issued to petitioner represents income earned by
the petitioner as an employee of New Dimensions between January
9 and August 27, 1999. During this period, petitioner’s
paychecks were issued by Digit Payroll Corporation (“Digit”),
the company that processed New Dimensions’ payroll. Copies of
petitioner’s weekly pay stubs from this period show that
petitioner received a gross salary of $885 per week.
Petitioner’s weekly net pay for this period was $737.28 after
withholding for Federal and New Jersey State income taxes,
Social Security, medicare, New Jersey disability and New Jersey
unemployment compensation taxes. There is no dispute as to the
income reported on the Form W-2.
The unreported income at issue in this case was paid to
petitioner during the final quarter of 1999, the 17 weekly pay
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