Ronald E. Byers - Page 6




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               independent contractor and that [petitioner] * * * or                  
               any drivers furnished pursuant to the terms hereof will                
               not be employees of ECI.  [Petitioner] * * * agrees to                 
               be responsible for any wages due said drivers, the                     
               withholding or any taxes, social security payments or                  
               other similar salary deductions. * * *                                 

               During the years in issue, twice a month petitioner received           
          settlement reports from ECI reflecting petitioner’s gross                   
          earnings.  The settlement reports also reflected deductions for             
          the truck lease payments petitioner owed to CCI that were                   
          deducted from petitioner’s ECI earnings and remitted by ECI to              
          CCI.                                                                        
               During some of the years in issue, petitioner also oversaw             
          CCI vehicles parked overnight on ECI’s property, and petitioner,            
          at ECI’s request, provided training to new truck drivers.  For              
          these services, petitioner received additional earnings from CCI            
          and from ECI, respectively.                                                 
               During the years in issue, petitioner maintained in his own            
          name two credit card accounts and one personal bank line of                 
          credit, and petitioner maintained in his own name and in the name           
          of his wife Deanna L. Byers a joint personal checking account.2             
               Neither ECI nor CCI ever withheld from petitioner’s earnings           
          Federal or State income or employment taxes, and no deduction for           


               2 One of petitioner’s credit cards indicates a payment to              
          “We the People”, a tax protester organization discussed in United           
          States v. Simkanin, 420 F.3d 397, 400-401 (5th Cir. 2005), and in           
          United States v. Schulz, 100 AFTR 2d 2007-5538, 2007-2 USTC par.            
          50,619 (N.D.N.Y. 2007).                                                     





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