- 5 - attached to his tax return, petitioner claimed to be a statutory employee and reported income of $37,243 and expenses of $32,638 for a profit of $4,605. On his return, petitioner included the $4,000 distribution of IRA funds, but he did not include the 10-percent additional tax on the early distribution. Petitioner also included unemployment compensation of $2,208 and deductions, as claimed on Schedule A, Itemized Deductions, of $19,929. He did not report any interest income or State tax refunds on his return. The Forms W-2, Wage and Tax Statement, issued by Metamor and Robert Half did not have the “Statutory employee” box checked. However, petitioner claimed to be a statutory employee when completing Form W-2 information for his electronically filed Form 1040 for 2001. The Internal Revenue Service (IRS) sent a statutory notice of deficiency to petitioner on June 1, 2004. In the notice, the IRS disallowed petitioner’s claim to be a statutory employee and transferred his wage income from the Schedule C to Form 1040 and disallowed the expenses claimed against that income. The notice explained: Since your employer did not indicate on Form W-2 that you were a statutory employee, we disallowed the expenses you claimed against that income on Schedule C or Schedule C-EZ. If you are not a statutory employee, you must include the income as wages on your tax return.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011