- 5 - Mr. Sears maintained a full-time job at a computer software company, where he earned $46,081.60 in the taxable year 2000. Following one of the tax-reduction strategies advocated by RTP, Mr. Sears established a “Medical Expense Reimbursement Plan” (the reimbursement plan) to cover employees of his RTP activity. He testified that petitioner Carol McCabe (Ms. McCabe) became an employee of the activity in April 2000 and elected to participate in the reimbursement plan. The record does not indicate what duties Ms. McCabe performed, but Mr. Sears testified she worked 2 hours a week for $6 an hour. Mr. Sears filed Forms 941, Employer’s Quarterly Federal Tax Return, for the second, third, and fourth quarters of 2000, reporting total wages paid of $468. At least two of the Forms 941 were filed late. Petitioners initially reported that Ms. McCabe incurred $2,777 of reimbursable medical costs. They deducted that amount as employee benefit programs expense on their Schedule C for the activity.6 Petitioners later conceded, however, that $1,322 of those expenses were nondeductible because they were paid before Ms. McCabe became an employee. Mr. Sears also admitted that he did not make reimbursement payments to Ms. McCabe. Instead, Ms. McCabe paid her medical bills, and petitioners claimed a 6 Petitioners attached a second Schedule C to their joint 2000 Federal income tax return for a business described as “Consulting - Health care insurance” that Ms. McCabe operated. Respondent made no adjustments to this Schedule C, and it is not in dispute.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