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Full-Text Articles in Law
United States V. Cleveland Indians: Fica And Futa Taxes V. The Social Security Act - Why Have Different Definitions For Identical Language?, Jeffrey C. Honaker
United States V. Cleveland Indians: Fica And Futa Taxes V. The Social Security Act - Why Have Different Definitions For Identical Language?, Jeffrey C. Honaker
Akron Tax Journal
This Note examines the issue of whether FICA and FUTA taxes are assessed at the time wages should have been paid, or at the time the wages are actually paid. Part II examines the background of this issue by parsing the applicable case law. Part III contains a statement of the facts, the procedural history, and the United States Supreme Court's decision in Cleveland Indians. Part IV analyzes the Cleveland Indians decision.
Employment Taxes: What Can The Small Businessman Do?, Kirsten Harrington
Employment Taxes: What Can The Small Businessman Do?, Kirsten Harrington
Akron Tax Journal
This article focuses on two of the employment taxes, FICA and FUTA. Part I surveys the payroll tax regime and the consequences of running afoul of it. Part II considers the recent history of dividend recharacterizations in the S corporation shareholder-employee context. Part III considers what would be "reasonable (minimum) compensation" for a shareholder-employee in an S corporation. Finally, Part IV takes up current, lively developments in the perennial debate between the Service and small business over independent contractor status.