If my employer (which is a small business owner) is inconsistently subtracting Federal Withholding from my pay check (which I receive weekly) is it likely they are committing Tax Fraud?
The times they subtract Federal Withholding are when my checks are marginally larger.
If you are an employee, then your employer is legally obligated to make and pay in to the federal government deductions for taxes and social security.
In addition to the other attorney answer, what do you mean by "inconsistently subtracting?" If everything tallies up on your yearly W2, there shouldn't be an issue. Consult with a good business attorney in your area for specific advice.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney