Marty J. Meehan - Page 13

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          from the service of the employer, constitute wages regardless of            
          whether the employer is legally bound by contract, statute, or              
          otherwise to make such payments.”  Sec. 31.3401(a)-1(b)(4),                 
          Employment Tax Regs.; see Driscoll v. Exxon Corp., 366 F. Supp.             
          992 (S.D.N.Y. 1973).  But see United States v. Jefferson-Pilot              
          Life Ins. Co., 49 F.3d 1020 (4th Cir. 1995) (rejecting an                   
          argument that Congress intended the term “salary or wages” in               
          section 6331(e) to have the same meaning as the term “wages” in             
          the employment tax provisions).  In addition, for purposes of the           
          Federal Insurance Contributions Act (FICA) tax under section                
          3121, the term “wages” has been construed to include severance              
          pay.  See, e.g., McCorkill v. United States, 32 F. Supp. 2d. 46             
          (D. Conn. 1999); see also Rev. Rul. 71-408, 1971-2 C.B. 340                 
          (treating dismissal payments as “wages” for FICA, Federal                   
          Unemployment Tax Act, and Federal income tax withholding                    
          purposes).                                                                  
               Fourth, the term “salary or wages” in section 6331(e) has              
          been construed broadly.  For example, in United States v.                   
          Jefferson-Pilot Life Ins. Co., supra, the U.S. Court of Appeals             
          for the Fourth Circuit concluded that the term “salary or wages”            
          in section 6331(e) includes commissions paid to independent                 
          contractors.  In doing so, the Court of Appeals went beyond the             
          employer-employee relationship that we normally associate with              
          salary and wages.  We believe that a similarly broad construction           






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