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Santa Ana California Form 945-V: What You Should Know
This form provided for the payment of withholding taxes through the VISA PAYMENT CARD OF PAYROLL TAX. This form was to be used for a separate form 945-V in order to report the distribution of the proceeds from the sales of the business. A Form 940, Business Income Tax Declaration, Form 5320 — Business Income Tax Return for Individual and Pro Sole, Tax Year 1943-44, was to be used for both reports. According to the court, “It was the judgment of this court that because there was an obligation of the corporation to pay the tax for 1943 and 1944, and a duty of the individual and sole proprietor (the appellant) to notify the tax agency that he would pay the tax, it was appropriate that a second form be used to report that distribution.” 844 F. Supp. At 1512. According to the court, “The appellant's sole obligation in the tax returns in 1943 and 1944 was, as stated in the statement of facts on the return of tax in 1944, to pay income tax to the Department of the Treasury on those amounts; there was no obligation for tax to be collected from the corporate income at the time when the company was incorporated or from the proceeds from the sale of the business.” 844 F. Supp. At 1513. The court also held that “The fact that the appellant is now in default on the payments of taxes owed in 1943 and 1944 was not sufficient reason to impose upon him a penalty (which would not be collected) of failure to file with the Dept. of the Treasury a return and to pay tax on his corporate income.” I'd. at 1516. The court of appeal reversed the tax judgments, holding that the courts of appeals have jurisdiction by due process of law of such appeals from the judgment of the district court when, “[g]even the facts as a matter of history and consistent with the principles, procedures, and goals established in this Court, as applied in the present case, this Court has jurisdiction.” I'd. at 1518. The Tax Court held that even if the appellant knew of his failure to file and pay his federal income taxes in 1943 and 1944, and failed to advise the Secretary of the Treasury before March 4, 1940, he was still obligated to file a return and pay the tax. 844 F. Supp. At 1521. The tax judgment was affirmed. This post has been altered from its original form.
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