- 11 - Petitioner’s argument is not supported by the record. Regardless of whether New Dimensions properly classified petitioner as an independent contractor during this period (see below), petitioner has not introduced credible evidence that New Dimensions withheld income taxes from petitioner’s paychecks. If an employer does not actually withhold taxes, the employee is not entitled to a credit for amounts which should have properly been withheld. Edwards v. Commissioner, 39 T.C. 78, 83-84 (1962), affd. on this issue 323 F.2d 751 (9th Cir. 1963); Goins v. Commissioner, T.C. Memo. 1997-521, affd. without published opinion 151 F.3d 1029 (4th Cir. 1998). The record indicates that New Dimensions intended to treat petitioner as an independent contractor for payroll purposes, and therefore did not withhold taxes. Petitioner’s paychecks ceased to include pay stubs indicating that taxes were withheld, and New Dimensions did not report wages paid or payroll taxes withheld on its Form 941 for this period. New Dimensions accounted for petitioner’s compensation on a Form 1099. Petitioner did not introduce any evidence, aside from his self-serving, uncorroborated testimony, in support of his claim that Federal income tax was being withheld from his pay during the disputed pay period. It is well established that this Court is not bound to accept a taxpayer’s self-serving, unverified, andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011