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house. Petitioner worked for Mr. McMickle from November 18,
2003, until the first week of January 2004. Petitioner also took
unpaid time off in November and December for the Thanksgiving and
Christmas holidays.
In his new job, petitioner received the same salary he
earned at AquaProof ($12.50 per hour). There was no written
employment contract between petitioner and Mr. McMickle.
Petitioner did not receive any benefits, such as health insurance
or vacation time. Petitioner worked together with Mr. McMickle
and other workers. Petitioner was paid by cash weekly each
Friday. Petitioner worked no more than 27 days during 2003 for
Mr. McMickle.
In early January 2004, however, petitioner realized that the
wages he was receiving from Mr. McMickle were insufficient to
meet his bills. Petitioner thereafter quit his job. Sometime in
February or March 2004, petitioner returned to work for
AquaProof.
Although petitioner provided his Social Security number to
Mr. McMickle at the start of his employment and signed a “tax
form”, he never received a Form W-2 or any other tax information
from Mr. McMickle for taxable year 2003. Petitioner filed a Form
1040EZ, Income Tax Return for Single and Joint Filers With No
Dependents, for the 2003 tax year on which he reported the income
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Last modified: May 25, 2011