- 5 - 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,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011