- 34 - Contract/Leasing, Inc. & Subs. v. Commissioner, 123 T.C. at 193, stated: With respect to each driver-employee, for each payroll period TLC was obligated to, and did, pay such driver- employee his or her net wages and any per diem amounts as well as the employer’s share of employment taxes, withhold and pay the driver-employee’s share of employment taxes, withhold and pay Federal and State income taxes, make daily electronic funds transfers of the appropriate amounts of such taxes to the IRS and appropriate State agencies, and pay workers’ compensation insurance premiums. The obligations to pay the employer’s share of employment taxes, to withhold and to pay the employee’s share of employment taxes, and to withhold and to pay Federal income tax with respect to an employee’s wages are obligations generally imposed upon an employer. Secs. 3102(a), 3111(a), 3301, 3402, 3403. TLC’s undertaking and satisfying the obligations to withhold and to pay FICA taxes,32 other employment taxes, and Federal income tax with respect to each driver-employee’s wages evidenced that TLC was the employer of each driver-employee. See Kirk v. Harter, 188 F.3d 1005, 1008 (8th Cir. 1999); Birchem v. Knights of Columbus, 116 F.3d 310, 313 (8th Cir. 1997); Wilde v. County of Kandiyohi, 15 F.3d 103, 105-106 (8th Cir. 1994). In addition, with respect to petitioner’s assertion that TLC was the employer of each driver-employee for all purposes except the section 274(n)(1) limitation because TLC was what petitioner 32See Levine v. Commissioner, T.C. Memo. 2005-86.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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