- 5 - petitioner’s arrangement with its instructors strongly evidenced the existence of an employer-employee relationship. Procedural History On October 2, 2002, respondent issued a 30-day letter to petitioner in which he determined petitioner owed Federal employment taxes as follows: Kind of Tax Tax Period and Code Ended Section Amount of Tax 2000 FUTA, sec. $2,630.35 3301 3/31-12/31/00 FICA & FITW1 11,343.96 secs. 3101, 3111, 3402 2001 FUTA, sec. 6,306.01 3301 3/31-12/31/01 FICA & FITW 12,890.36 secs. 3101, 3111, 3402 Total 33,170.68 1 Federal income tax withholding. Respondent enclosed, with the 30-day letter, IRS Publication 5, Your Appeal Rights And How to Prepare a Protest If You Don’t Agree (Publication 5). Respondent referred petitioner to Publication 5 if it intended to request an Appeals Office conference. On October 16, 2002, petitioner’s counsel, David P. Leeper (Mr. Leeper), faxed a one-sentence letter requesting an Appeals Office conference. The examining agent notified Mr. Leeper that petitioner was required to submit a formal written protest. OnPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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