- 6 - tax shall not be affected by the assessment or collection of any tax determined against the employer under section 3509. To quote Lucas v. Commissioner, T.C. Memo. 2000-14: “In other words, the employee remains fully liable for income tax arising from the receipt of gross wages. * * * Therefore, even though N&M misclassified petitioner as an independent contractor, petitioner is liable for income tax for the year in issue.” The Court, therefore, rejects petitioner’s argument. The Court further notes that, even if Federal income taxes were withheld but never remitted, petitioner would not be relieved of the obligation to pay Federal income taxes on the payments to him. The final issue is whether petitioner is liable for the accuracy-related penalty under section 6662(a) for negligence or disregard of rules or regulations for the year 2001. Section 6662(a) provides that, if it is applicable to any portion of an underpayment in taxes, there shall be added to the tax an amount equal to 20 percent of the portion of the underpayment to which section 6662 applies. Section 6662(b)(1) provides that section 6662 shall apply to any underpayment attributable to negligence or disregard of rules or regulations. Section 6662(c) provides that the term “negligence” includes any failure to make a reasonable attempt to comply with the provisions of the Internal Revenue laws, and the term “disregard” includes any careless, reckless, or intentional disregard ofPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011