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Re: [tips_and_tricks] Re: W2 - 1099 correction?

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  • Woodboy
    ... I don t know why people keep pursuing this OMB argument. The OMB argument applies only if an administrative agent requesting information has no direct
    Message 1 of 58 , Jun 1, 2006
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      >jtgltd@... wrote:
      > > Go look at form 5498 with OMB number 1545-0597
      >
      >OMB NO: 1545-0597 EXPIRATION DATE: 08/31/2004
      >RESPS:850,000 HOURS:212,500 COSTS(000):$0
      >Form W-2 or 1099 Not Received or Incorrect
      >FORMS: FORM-4598
      >
      >This is what I find on OMB site. What's its date and
      >other codes mean?

      I don't know why people keep pursuing this OMB argument. The OMB argument
      applies only if an administrative agent requesting information has no
      direct statutory authority to do so. When a statute specifically defines a
      information reporting requirement, then the requesting agent does not need
      an OMB-approved number on the form.

      The various reporting requirements are embedded directly in the statutes.
      Regulations are used to identify the correct form to use to satisfy the
      statutory requirements, but that is only a ministerial process. Several
      (possibly all--I have not looked) of the reporting statutes specifically
      require the Secretary to establish by regulation the form and manner for
      satisfying the reporting requirements. Thus, the W-2 and 1099 information
      returns do not need OMB numbers.

      Moderator/Bear: Take what is said above cautiously. In Dole v. United Steelworkers, 1990.SCT.41055 http://www.versuslaw.com; 494 U.S. 26 (1990)the Court said, "[22] The Act prohibits any federal agency from adopting regulations which impose paperwork requirements on the public unless the information is not available to the agency from another source within the Federal Government, and the agency must formulate a plan for tabulating the information in a useful manner. Agencies are also required to minimize the burden on the public to the extent practicable. See 44 U.S.C. � 3507(a)(1) (1982 ed. and Supp. V). In addition, the Act institutes a second layer of review by OMB for new paperwork requirements. After an agency has satisfied itself that an instrument for collecting information -- termed an "information collection request" -- is needed, the agency must submit the request to OMB for approval. See 44 U.S.C. � 3507(a)(2) (1982 ed., Supp. V.). If OMB disapproves the request, the agency may not collect the information. See 44 U.S.C. � 3507(a)(3) (1982 ed.).


      [23] Typical information collection requests include TAX FORMS..."
    • Scott
      Agreed your employer is not listed under the Federal Government. That is why the employer and corporation when they file for their EIN number must check the
      Message 58 of 58 , Jun 13, 2006
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        Agreed your employer is not listed under the Federal Government. That is
        why the employer and corporation when they file for their EIN number must
        check the box " For Banking Purposes Only" and not be filing out all the
        other garbage on the form, i.e. such as employee's current, first payroll
        deduction expected, etc. Remember it is for BANKING PURPOSES ONLY
        Scott Williams
        Denver, Colorado
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