IC or Employee? My Jerk Brother

[Shoester]

What is the name of your state (only U.S. law)? Kansas

To make a long story short, during 2008 I occasionally helped my big brother out with his mowing business. Anything from helping throw down mulch to hoping in the truck with him and mowing with him all day. Over the summer, he went over to Europe to study abroad and had me take care of all of his lawns until he got back, using all of his equipment and resources. Each time he paid me, he paid me by check. I never once filled out any sort of paperwork while working with him, it was my brother, why worry about it?

Well fast forward to now, he just sent me a text saying he was going to file taxes and I had to pay taxes on the $5500 I made from working for him. I had no idea this was coming.

Keep in mind my brother and I have a terrible relationship, when it comes to money he will do anything possible to further his financial portfolio at the expense of others, including family. It also doesn't help that he is about to get his CPA.

Now, he is claiming me as an Independant Contractor, im guessing so that he doesn't have to pay unemployment or any of the other taxes that come with having employees (He's a solo operation). But, according to the classification between Employee and Independant Contractor...I most closely fit under the classification of employee. But, I never filled out any paperwork, signed any contracts, recieved any sort of benefits or health insurance or anything. The only record he has of ME is that he wrote me checks, and I am having a hard time getting him to show me his records of those checks/payments.

So, what legal rights do I have, if any, pertaining to this matter? I know that if it gets bad enough, I can file for unemployment, cite his company as a previous employer, and when the state provides the test to determine if I was an IC or an employee, I will most certinly be classified as an employee.

What are your thoughts?

[LdiJ]

Originally Posted by Shoester

What is the name of your state (only U.S. law)? Kansas

To make a long story short, during 2008 I occasionally helped my big brother out with his mowing business. Anything from helping throw down mulch to hoping in the truck with him and mowing with him all day. Over the summer, he went over to Europe to study abroad and had me take care of all of his lawns until he got back, using all of his equipment and resources. Each time he paid me, he paid me by check. I never once filled out any sort of paperwork while working with him, it was my brother, why worry about it?

Well fast forward to now, he just sent me a text saying he was going to file taxes and I had to pay taxes on the $5500 I made from working for him. I had no idea this was coming.

Keep in mind my brother and I have a terrible relationship, when it comes to money he will do anything possible to further his financial portfolio at the expense of others, including family. It also doesn't help that he is about to get his CPA.

Now, he is claiming me as an Independant Contractor, im guessing so that he doesn't have to pay unemployment or any of the other taxes that come with having employees (He's a solo operation). But, according to the classification between Employee and Independant Contractor...I most closely fit under the classification of employee. But, I never filled out any paperwork, signed any contracts, recieved any sort of benefits or health insurance or anything. The only record he has of ME is that he wrote me checks, and I am having a hard time getting him to show me his records of those checks/payments.

So, what legal rights do I have, if any, pertaining to this matter? I know that if it gets bad enough, I can file for unemployment, cite his company as a previous employer, and when the state provides the test to determine if I was an IC or an employee, I will most certinly be classified as an employee.

What are your thoughts?

My thoughts are that I am not going to get into the middle of a family dispute over this issue.

Go get a consult with a local tax professional.