Legal Question in Tax Law in California

1099 Employee
My employer made me sign a contract stating that we had an ''employee-employer'' relationship, but the next section on the contracted stated ''the employee requests to receive a 1099-MISC for tax purposes.'' Now it's tax time and I am going to have to pay for this. Isn't that illegal? I filed an SS-8 with the IRS, what happens if they rule in my favor? Will I get my money back? Will the employer be punished?

Asked on 3/15/06, 12:37 pm

Donald Field Donald L. Field, Jr., Attorney at Law

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Re: 1099 Employee

You should retain a CPA or Enrolled Agent to prepare your tax return (or file an extension) in light of the issues and the SS-8 which you have filed.

If you ultimately pay more taxes than necessary as an employee, you can file a complaint against your employer for damages.

Answered on 3/16/06, 12:14 pm

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