Mayo Foundation V. United States

Jan 11, 2011 2 Replies

In Mayo Foundation For Medical Education And Research, Et Al., Petitioners V. United States, Willie and the Supremes less Justice Kagan ruled 8-0 that Medical residents are NOT exempt from FICA taxation.



"The question presented in this case is whether doctors who serve as medical residents are properly viewed as 'student[s]' whose service Congress has exempted from FICA taxes under



26 U. S. C. 3121(b)(10)."

Does this mean that neither the employer nor the employee was paying the FICA taxes?



Dick


The exemption from FICA for eligible students was all inclusive. I.e., it applied to the employment taxes in Sec. 3101 (employee) and 3111 (employer). Neither the employee or employer paid.

Findlaw has a good summary of the student rule at

formatting link

Mayo was suing for a refund of FICA taxes. I guess they figured they would rather GET the interest if they won then pay it if the lost. Probably a wise decision. (g).

Join the Discussion

Have something to add? Share your thoughts — no account required.

Didn't find your answer?

Ask the community — no account required