Research Problem 3. You recently read an article in your school newspaper about Professor Rodney Taylor, one

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Research Problem 3. You recently read an article in your school newspaper about Professor Rodney Taylor, one of your favorite professors in the religious studies department.

According to the article, he and the university have been negotiating an early retirement package and have reached a stumbling block. Under the agreement, Professor Taylor is to receive a lump-sum payment equal to one year’s salary in exchange for his retirement and the release of any and all rights associated with his tenure status. While recognizing that the payment would be subject to income tax, Taylor contends that the amount is not earned income and thus should not be subject to the FICA tax. The university negotiators say that they are not aware of any authority that supports Taylor’s view. In fact, they have learned that other universities in the state system have been withholding amounts for FICA for years in situations involving early retirement buyout packages for high-level administrators. The university’s position is that lacking the authority not to withhold for FICA and given the precedent set in similar early retirement packages at other universities, they are obligated to withhold FICA from the payment. You want to come to the aid of Professor Taylor. Obviously, if the payments are considered wages subject to the FICA tax, the value of the offer to Professor Taylor will be significantly reduced. What authority can you find for his position

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South-Western Federal Taxation 2014 Corporations Partnerships Estates And Trusts

ISBN: 9781285424484

37th Edition

Authors: William H. Hoffman Jr., William A. Raabe, James E. Smith, David M. Maloney, James C. Young

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