- 11 - Kuntz v. Commissioner, T.C. Memo. 1962-98; see also Ravelo Escandon v. Commissioner, T.C. Memo. 2007-128 (an employer’s misclassification of an employee as an independent contractor does not reduce or discharge the employee’s liability to pay Federal income taxes). Further, there is no withholding requirement under section 3402 for payors of independent contractors. Petitioner argues that amounts ECI deducted from petitioner’s gross earnings as petitioner’s truck lease payments and remitted to CCI should be recharacterized as Federal income tax withholdings and that respondent should credit the funds remitted by ECI to CCI against petitioner’s Federal income and self-employment taxes for the years in issue. Set forth below for each year in issue is a comparison of petitioner’s truck lease payments remitted to CCI and the tax deficiencies respondent determined against petitioner: Tax Year Truck Lease Payments Deficiencies 1999 $25,900 $ 7,921 2000 52,911 25,179 2001 46,029 13,601 2002 45,961 11,571 Based on the above, petitioner argues that he owes no tax deficiencies and that respondent owes him a refund of overpaid Federal taxes for each year in the amount of the above positivePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: March 27, 2008