John A. Walz, Jr. - Page 6

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          bargaining agreement.  The Opera contributed “on behalf of each             
          musician it employs in the amount of 10% of that Musician’s Scale           
          wages.”  The collective bargaining agreement provides for                   
          employer rights as follows:                                                 
               Employer’s Rights: The Employer shall at all times have                
               complete supervision, direction and control over the                   
               Services of Musicians, and expressly reserves the right to             
               control the manner, means and details of the performance of            
               Services by the Musicians as well as the ends to be                    
               accomplished.                                                          
          The representative also observed that the Opera pays for                    
          petitioner’s parking and his workmen’s compensation.  The Opera             
          considered petitioner to be an employee.                                    
               A representative from the Symphony testified that his                  
          orchestra issued a Form W-2 to petitioner, withheld FICA and                
          Medicare, and made 8 percent pension contributions, and 6 percent           
          contributions to petitioner’s health and welfare fund in                    
          accordance with the union contract.  The representative stated              
          that “we consider our musicians part-time employees”.                       
               Petitioner requested an extension of time to file his 2000             
          return, which was granted until August 15, 2001.  Petitioner had            
          no further extensions.  His return was filed on November 21,                
          2001.                                                                       
               Petitioner filed his Form 1040, U.S. Individual Income Tax             
          Return, for 2000 with an attached Schedule C, Profit or Loss From           
          Business.  The return was prepared by Mr. Henry Orloff, a tax               
          practitioner and petitioner’s accountant.  On the Schedule C,               





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