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Re: Be very WARY of 'Cracking the Code'

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  • gimesumodat
    ... Not so. The legal determination of wages paid rests squarely on the application of the relevant definitions of section 3401 to the facts at hand and has
    Message 1 of 4 , Jun 3, 2009
      > Of course an unrebutted or unchallenged W-4 on file constitutes "voluntary
      > compliance," and of course, the resulting pay would be "treated as if it
      > were wages paid to an employee by an employer" in accordance with 26 USC
      > 3402(p)(3). It's not that CtC is wrong, it's that these people opened their
      > mouths or wrote a letter that exposed their less than 100% comprehension of
      > the tax, and the DOJ is rolling in on them.
      >
      > That IS the truth of the matter here.
      >
      > Rich

      Not so. The legal determination of wages paid rests squarely on the application of the relevant definitions of section 3401 to the facts at hand and has nothing whatsoever to do with a Form W-4. The fact of the matter is you can't change the character of what was paid to you simply by signing a form because you don't get to change the law with your signature.

      You're right about CtCers walking into a semantic trap when they don't know how to use the language in a precise fashion. Many don't know how to identify the relevant presumptions or issues, and otherwise stumble around the process with half baked notions about which voodoo trick might work next.
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