Taxation Tasks Essay Example for Free

Taxation Tasks Essay1) Patty owned Pattys Cakes in Jacksonville, Florida. She sold her business to Fruitys, Inc. a subject field recentry compevery. There was a non-compete agreement in the contract for the sale of her business. In the non-compete, Patty agreed not to work in any capableness in the food industry for 10 years on the entire east coast. A court would likely determine that the non-compete agreementa) violates federal natural justiceb) is unenforceablec) is enforceabled) both A and B2) A indebtedness that may extend from an employee to the employer if the employee is acting within the scope of his or her employment at the time the liability arose is calleda) vicarious liabilityb) employee liabilityc) employer liabilityd) adverse liability3) A person who contracts with a principal to perform a lowtaking according to her or his own methods, and who is not under the principals control regarding the physical details of the work is called a/ana) Contingent workerb) epi sodic workerc) Independent contractile organd) All of the above4) Benita works as a nursing assistant in a retirement home put to work by Cottonwood Care Centers, a national operator of facilities providing care for the elderly. Benita works 53 hours a week. After looking at her payroll stubs for the past 6 months, she concludes that she has not received sufficient overtime pay. She complains to her supervisor only the company takes no action.a) Benita can bring a complaint to the National tire Relations Board under the Fair Labor Standards passage of 1938 (FLSA)b) Benita can bring a complaint to the U.S. Department of Labor, under the Fair Labor Standards Act of 1938 (FLSA)c) Benita can bring a complaint to the U.S. Department of Labor, under the Employee Retirement Income Security Act of 1974 (ERISA).d) Benita can bring a complaint to the U.S. Department of Labor, under Executive Order 112465) Ling frequently stocks shelves for Aces Market on an as needed basis. Ace pays L ing $5 per shelf. One daytime Ling falls off a broken ladder while stocking a shelf. Line is seriously injureda) If Ling is determined to be an breakaway contractor, he is eligible for workers compensationb) If Ling is determined to be an employee, he is eligible for workers compensationc) Ling is eligible for workers compensation whether he is an employee or an self-reliant contractord) None of the above6) ABC, Inc. solicited bids from various item-by-item contractors to landscape the grounds of its new office complex. displace, head of facilities management told Patty, his secretary, that he would not accept any bids from Hispanic contractors. Drew explained that he would authorize hiring only American contractors to work on the grounds. A Hispanic contractor brings a lawsuit against ABC for discriminations.a) Drews refusal to hire Hispanic companies is a violation of the Independent Contractors Act of 2006.b) Drews refusal to hire Hispanic companies is a violation of the Tit le septenary of the Civil Rights Actc) The Hispanic contractor cannot prevail in a discrimination case because Johns conversation with his secretary is confidential and cannot be used as evidence.d) Drews refusal to hire Hispanic companies is not a violation of the Title VII of the Civil Rights Act because that law does not cover discrimination against commutative contractors.7) BRC Partners is a consulting house. Sam and Arnie are analysts for BRC. Sam was hired as an employee and Arnie was hired as an independent contractor. They both work in the same BRC office under the same supervisor. They both must work Monday through Friday during the standard business hours. Both are required to report to hebdomadal staff meetings. Sam is paid a salary and the proper federal and state tax withholdings are made. Arnie does not receive benefits like retirement and wellness insurance and his is paid by the project with no federal and state withholdings. Arnie signed a contract that clearly stated he was an independent contractor and not an employee.a) BRC has properly classified Arnie as an independent contractorb) BRC has improperly classified Arnie as an independent contractorc) BRC has improperly classified Arnie as an independent contractor, however, its contract with Arnie is binding and BRC will have no liability under federal or state law for the misclassification.d) BRC has improperly classified Arnie as a independent contractor, however, its contract with Arnie is binding and BRC will have no liability under federal and state law for the misclassification, but Arnie will have liability under federal and state law.8) Pilar is hired by Axel, Inc. as an independent contractor. To avoid a determination by the IRS that Pilar has been misclassified as an independent contractor, Axel shoulda) provide training to Pilarb) pay her by the hourc) pay FICAd) none of the above9) Clarence works as an independent contractor for the law firm of Kafka, Rivera and Grisham.a) Cl arence will be responsible for making payments for his sociable Security (FICA), estimated federal income tax payments, estimated state income tax payments and Medicare.b) Clarence will be responsible for making payments for his FICA and Medicare and the law firm will be responsible for withholding payroll deductions for his federal and state income taxes.c) Clarence will be responsible for making payments for his Social Security (FICA) and Medicare, but the law firm will be responsible for making estimated federal income tax payments, estimated state income tax payments for him.d) Clarence will be responsible for making payments for his Social Security (FICA), withholding deductions for his federal and state income taxes and Medicare.10) Which of the following is not covered by the EEOCs definition of contingent worker?a) an employee hired through a staffing firmb) a temporary, seasonal, or part-time workerc) an applicantd) an independent contractor