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October 19, 2007


DC 93

If I were Boyd, I'd feel insulted that they call whatever they give him "an allowance". Call me crazy, but little kids get "allowances", a car dealership gives you an "allowance" when buying a new car or any car I suppose. Why not just call it what it is, or is that really the trick of it? Is calling it an "allowance" the legal way to get around some other provision that would otherwise be a) unethical or b) malfeasant/fraudulent

If either be the case, then something either needs to stop or else policies need to change to make it right before going forward into more of the same wrongs.

I'm not opposed to reimbursing staff properly, as that is the right thing to do and I feel certain Boyd has done tons of great stuff over the many many years he's been active in the party and working for the party specifically, but still things need to be above board at all times.

What is so damn hard to get about that for some people I don't know. If you want seedy go to Las Vegas or somewhere like that and have a blast, but not here.

Kirk Wentzel

Perhaps I can help a little here John, being an accountant.

The rules that govern whether a person is an independant contractor or not are fairly easy.

Generally, whether a worker is an employee or an independent contractor depends upon how much control you have as a business owner. If you have the right to control or direct not only what is to be done but also how it is to be done then your workers are most likely employees. If you can direct or control only the result of the work done, and not the means and methods of accomplishing the result, then your workers are probably independent contractors.

See IRS Publication 1779 for specific details at http://www.irs.gov/pub/irs-pdf/p1779.pdf

If they work using their own methods they are an IC and payments over $600 per year must be reported on a 1099 MISC. If they work at the direction and control of another person then they are an employee and taxes must be withheld, insurance secured and the person's WAGES must be reported on a W-2.

So he may legitimately be and IC. If he is, there should be a contract or agreement between the organization and him outlining what money will be paid and what services will be provided and those payment (which are obviously over $600 per year) MUST be reported on a 1099 MISC to the IRS.
No contract? He's an employee and there is a violation of law. No 1099? BIG violation of law.

If you suspect or know of an individual or company that is not complying with the tax laws, you may report this activity by completing Form 3949-A. You may fill out Form 3949-A online, print it and mail it to:

Internal Revenue Service
Fresno, CA 93888

If you do not wish to use Form 3949-A, you may send a letter to the address above. Please include the following information, if available:

Name and address of the person you are reporting
The taxpayer identification number (social security number for an individual or employer identification number for a business)
A brief description of the alleged violation, including how you became aware of or obtained the information
The years involved
The estimated dollar amount of any unreported income
Your name, address and daytime telephone number

Although you are not required to identify yourself, it is helpful to do so. Your identity can be kept confidential. You may also be entitled to a reward.

John Morgan

Boyd is supervised by the Chair and the Executive Committee. They instruct him on duties and what bills to pay when, etc. Hours are posted on the door so he doesn't set them himself. He also reports to them and the Committee as a whole at every meeting.

He is NOT an independent contractor under the law.

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