- 64 - Unemployment Tax Act (FUTA) taxes, see secs. 3111(a) and (b)(6), 3301, as well as the employer’s share of State employment and unemployment taxes. Such taxes are deductible when paid in carrying on the employer’s trade or business. Sec. 162(a). Although we cannot precisely ascertain from the record the exact amount of FICA and FUTA taxes paid by petitioner, we shall apply the Cohan rule and allow deductions for the employer’s share of FICA and FUTA taxes, calculated on the wages that we have held are deductible in each of the years at issue. The following rates were in effect with respect to FICA (old-age, survivors, and disability insurance (sec. 3111(a)) and hospital insurance (sec. 3111(b)(6))), and FUTA (sec. 3301) for each of the years at issue: Year FICA FUTA Old Age Hospital 1987 5.7 percent 1.45 percent 6 percent 1988 6.06 percent 1.45 percent 6.2 percent 1989 6.06 percent 1.45 percent 6.2 percent 1990 6.2 percent 1.45 percent 6.2 percent Applying these rates to the wages allowed as deductions in each of the years at issue results in deductions for the employer’s share of FICA and FUTA tax of $1,839.82 for 1987, $2,632.74 for 1988, $3,597.23 for 1989,19 and $4,023.98 for 1990. 19Respondent already has conceded that $2,324.64 of this amount is deductible. We have calculated the amount allowed as a deduction for 1989 to eliminate any duplication.Page: Previous 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Next
Last modified: May 25, 2011