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Tax Court Approves Of Consultant As Statutory Employee – Tax Act Makes Case Significant

Tax Court Approves Of Consultant As Statutory Employee – Tax Act Makes Case Significant

Mr. Fiedziuszko is a semiretired aerospace engineer.  He worked for Space Systems Loral through a contract with West Valley Engineering Co.  West Valley processed his pay for Loral withholding federal income iax as well as social security and medicare.  On his 2011 W-2, they checked the statutory employee box, but not on his 2012 W-2.  Regardless, Mr. Fiedziuszko claimed statutory employee status:

Petitioners claimed deductions on Schedule C of their Form 1040 for the following expenses related to Mr. Fiedziuszko’s consulting business: $2,000 for supplies, $5,000 for travel (including meals and lodging), $9,500 for insurance (other than health), and $2,000 for advertising. In addition, they claimed a $29,540 deduction for self-employed health insurance on their 2012 Form 1040. The record contains no substantiation for these deductions other than “statements of fact” that outline Mr. Fiedziuszko’s business expenses, which he prepared for trial.

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Over and over again courts have said that there is nothing sinister in so arranging one’s affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant.