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In 1929, the U.S. Supreme Court a decision in this case was a company to pay taxes for an employee of the company as a matter of convenience.
Old Trust Company claimed that the amount paid as income tax on behalf of the employee is not taxed as income for the employees, and thus was not even taxed. They argued that the tax that would sum as income tax.
Commissioner that this is a form of income for workers and taxes must be paid to them. In particular, she said: "Because the payment of its taxes in exchange for his continued employment, the payments as income for employees. "
They also pointed out that through the adoption of Old Colony Trust Company's argument that it would make it too easy for people to restructuring the taxation of payments to third parties. You can organize a system where people pay taxes for each other to much lower rates.
The precedent in this case that services provided to an employee are taxable as well as trust funds, gifts and vacations. These services should primarily work is not taxed.
Early such judgments, at a time when the income tax had just been introduced, characterize the modern system of taxation. They were proof of the new laws, and these precedents are often used by modern judges in determining how the application of tax legislation.
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Braeden
on วันศุกร์ที่ 14 สิงหาคม พ.ศ. 2552
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