Western Management, Inc. - Page 3




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          determined that Mr. Kovacevich, in 1994 and 1995, received from             
          petitioner $132,000 and $33,250, respectively, in wages that were           
          subject to taxes pursuant to the Federal Insurance Contributions            
          Act (FICA) and the Federal Unemployment Tax Act (FUTA) and                  
          petitioner failed to pay the FICA and FUTA taxes relating to                
          those wages.  Respondent also determined that petitioner was                
          liable for section 6656 and 6662(a) penalties relating to 1994              
          and 1995.                                                                   
               On June 3, 2003, the Court issued its Memorandum Opinion.              
          The Court held that Mr. Kovacevich was a statutory employee of              
          petitioner, and, in 1994 and 1995, Mr. Kovacevich received from             
          petitioner $132,000 and $33,250, respectively, in wages that were           
          subject to FICA and FUTA taxes.  Petitioner contended that it was           
          entitled, pursuant to section 530, to relief from the FICA and              
          FUTA tax liabilities.  The Court held, however, that petitioner             
          did not satisfy the requirements of section 530 and thus, was               
          liable for FICA and FUTA taxes relating to the wages paid to Mr.            
          Kovacevich.  The Court also sustained respondent’s determinations           
          relating to the penalties.                                                  
               Petitioner appealed the Tax Court’s decision to the Court of           
          Appeals for the Ninth Circuit.  The Ninth Circuit “[affirmed] the           
          decision of the Tax Court in all respects except with regard to             
          its calculations of the amount of income tax withholding owed               








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