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Sixth Circuit Will Not Rehear Decision that Severance Pay in Connection with a Reduction in Force Is Not Subject to FICA; Supreme Court Next Step?
Proskauer Rose LLP 
Jan. 16, 2013 "It is unclear at this time how the IRS will respond to refund claims. New claims filed as a result of the Quality Stores decision may be rejected by the IRS due to the split in the circuits or may be held without action. Until this controversy is resolved, it is prudent for employers to continue withholding FICA taxes on SUB payments made in connection with the present or future involuntary termination of employees that do not meet the strict definition provided in IRS Revenue Ruling 90-72 for exemption." MORE >> |
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