Samuel A. Cole - Page 5

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          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.                                                                







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