- 3 - 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 owedPage: Previous 1 2 3 4 5 NextLast modified: November 10, 2007