Plase help

Discussion in 'US Taxes' started by Bang Adil, Oct 10, 2008.

  1. Bang Adil

    Bang Adil Guest

    How or where can I find US tax court cases where the IRS claim against
    a tax payer was dismissed because of errors in procedures, e.g.
    because of time limitation, because of in violation of IRS own rules
    and regulations, etc.

    In 2001 my employer had misclassified me as an "independent
    contractor" (1099) when in fact by law I should be classified as a
    regular employee (W-2). Consequently, I received a huge bill from the
    IRS because they said that I owed "self employment tax".

    My defense was that the bill should be sent to my employer who had
    misclassified my work status. In fact, I wasn't aware that there was
    such a "self-employment tax". Prior to 2001 I have worked on 1099,
    filed my income taxes, paid no "self-employment tax" but just paid my
    regular income tax, and the IRS did not say anything about those

    In fact, I got a full refund on my 2001 (Form 1040) return even though
    they knew at that time that part of my income came from 1099, and they
    choose to ignore that fact included in one of the lines on Form 1040
    as "self employment tax" which was left blank.

    I appreciate if anyone here can help me with some advice or directions
    and guidance.

    Bang Adil, Oct 10, 2008
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  2. If you believe that you were mis-classified as independent contractor,
    you will need to ask for a determination of the same using SS-8. You
    should verify the timeframes involved - the instructions are at the
    end of the form.

    The fact you were unaware that you needed to pay self employment tax
    is not grounds for waiving the requirement to pay, nor will it excuse
    your error on your tax return. Given that you are bringing this up
    now, it is likely you have been dealing with this by yourself for some
    time. Professional assistance from an EA or CPA is suggested.
    parrisbraeside, Oct 11, 2008
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