Employer Tax Liability for Employees\u27 Tips: Fior D\u27Italia

Abstract

Given Nevada\u27s heavy concentration of businesses in which employees are tipped, lawyers here may be more than usually interested in a recent decision by the United States Supreme Court. On June 17, 2002, the Court decided United States v. Fior D\u27ltalia, Inc. By 6 to 3, the Court held that the IRS may use an “aggregate estimation” method to determine employers’ liability for Social Security (FICA) taxes imposed on their employees’ tip income. The decision is an important development in a controversy of long duration, but it is not the end of that controversy. This article provides background, describes the Court\u27s decision, and discusses the administrative and legislative aftermath

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