Ragnhild A. Westby - Page 64

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          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.                            





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