Colorado Mufflers Unlimited, Inc. - Page 3




                                        - 3 -                                         
                                        Taxable period ended 2000                     
          Tax/addition/penalty Mar. 31    June 30    Sept. 301  Dec. 31       Total   
          FICA                $6,200.18  $6,200.18  $6,200.18  $6,200.18  $24,800.72  
          Income tax           11,346.72  11,346.72  11,346.72  11,346.72   45,386.88 
          Sec. 6651(a)(1)         ---        ---      4,386.73   4,386.73    8,773.46 
          Sec. 6662        3,509.28   3,509.28   --- ---       7,018.56               
          FUTA    ---        ---        ---      3,337.83    3,337.83                 
          Sec. 6651(a)(1)         ---        ---        ---        843.33      843.33 
          Total              21,056.18  21,056.18  21,056.18  26,114.79   90,160.78   
               1The entries in the designated column do not add up to the total shown 
          for the column.  Respondent will have to clarify the extent of his concession
          in a Rule 155 computation.                                                  
                                        Taxable period ended 2001                     
          Tax/addition/penalty Mar. 31    June 30    Sept. 30   Dec. 311      Total1  
          FICA                $6,200.17  $6,200.17  $6,200.17  $6,200.17  2$24,800.88 
          Income tax          11,346.72  11,346.72  11,346.72  11,346.72   45,386.88  
          Sec. 6651(a)(1)       4,386.73   4,386.73   4,386.73   4,386.73   17,546.92 
          FUTA    ---   ---  ---     3,337.83    3,337.83                             
          Sec. 6651(a)(1)         ---        ---        ---        843.33      843.33 
          Total               21,933.62  21,933.62  21,933.62  26,958.11   92,758.97  
               1The entries in the designated columns do not add up to the total shown
          for the column.  Respondent will have to clarify the extent of his concession
          in a Rule 155 computation.                                                  
               2The entries in this row do not add up to the total shown for the row. 
          Respondent will have to clarify the extent of his concession in a Rule 155  
          computation.                                                                
               After concessions,2 the issues for decision are:                       
               (1) Whether Richard D. Rudd, Sr., Richard D. Rudd, Jr.,                
          Sherilyn J. Gallegos, George Gallegos III, Sean L. Turner, Gary             
          W. Neilson, Shanna Rudd, Brian Welling, and Michael L. Steward              
          (hereinafter the workers) were employees of petitioner during               
          2000 and 2001; and                                                          

               2Petitioner does not directly address respondent’s revised             
          adjustments regarding the sec. 6662 accuracy-related penalty or             
          the additions to tax under sec. 6651(a) in its briefs.                      
          Therefore, we will deem petitioner to have conceded these                   
          adjustments if we conclude that respondent’s determination                  
          regarding the classification of the workers is sustained.  See              
          Rule 151(e)(4) and (5); Petzoldt v. Commissioner, 92 T.C. 661,              
          683 (1989).                                                                 





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 10, 2007