18125Re: IRS Substitute For Return authority
- Dec 1, 2010
Bob Gregory said that “ 26 CFR Part 31 deals only with Employment Taxes and Collection of Taxes at the Source. It does not relate in any way to Income Tax considered in the ordinary sense.” I strongly DISAGREE.
CHAPTER 24 is entitled COLLECTION OF INCOME TAX AT SOURCE ON WAGES. It does NOT impose ANY TAX & the TAX required to be DEDUCTED & WITHHELD is for LIABILITY FOR INCOME TAX IMPOSED UNDER SUBTITLE A.
The REGULATIONS for CHAPTER 24 are contained in 26 CFR Part 31 & 26 CFR 31.6001 specifically gives the DISTRICT DIRECTOR the AUTHORITY to give NOTICE to people & thereby REQUIRE them to “to make such returns, render such statements, or keep such specific records as will enable the district director” to make a DETIRMINATION whether or not they are “liable for any of the taxes to which the regulations in this part have application.”
WHY would I care about the DEFINITIONS of “wages” & “employee” IF I am NOT an INDIVIDUAL for whom WITHHOLDING is REQUIRED since the WITHHOLDING provisions are for INCOME TAX LIABILITY?
Patrick in California
Founder, ALLIANCE for PEACE & PROSPERITY
"It ain't what ya don't know that hurts ya. What really puts a hurtin' on ya is what ya knows for sure, that just ain't so." -- Uncle Remus
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