- 4 - 1401. Victory Motors also considered the $13,500 in commissions as self-employment income and issued to petitioner Form 1099- MISC, Miscellaneous Income. No Federal income taxes or self- employment taxes were withheld by Victory Motors. At trial, respondent conceded that petitioner was not self- employed but rather was an employee of Victory Motors, a position contrary to the determination in the notice of deficiency and also contrary to how petitioner and Victory Motors viewed their relationship. Respondent’s position at trial was that petitioner was an employee of Victory Motors, and, as such, the payments constituted wage or salary income. Respondent did not move to assert an increased deficiency to account for FICA taxes on the payments petitioner received and conceded that the limitations period barred respondent from making an assessment for such taxes. Petitioner contends that the payments of $13,500 he received did not constitute income and were merely advances he received from Victory Motors, subject to adjustment at some point when he and the management at Victory Motors would meet and finally settle or close the arrangement. Thus, petitioner contends the $13,500 he received in 2001 was merely an advance and was not income. However, no evidence was offered to establish that petitioner and Victory Motors were contemplating any meeting to settle petitioner’s arrangement. At the time of trial, more thanPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011