Doctor claims $200K in back taxes owed to the IRS should be paid by former employer

By Kyle Barnett | Sep 17, 2013

GRETNA – A local doctor is suing a medical group and its accountant for more than $200,000 in back taxes that he alleges were supposed to have been taken out of his paycheck.

Eric R. Ehlenberger M.D. filed suit against Guardian Medical Group LLC and Sidney Abusch CPA in the 24th Judicial District Court on Aug. 6.

Ehlenberger claims that on May 29, 2008 he began working as a part-time physician for Guardian Medical Group for $480,000 in wages per year. The plaintiff alleges he never expressed a desire for the taxes from his wages to not be taken out. However, Ehlenberger asserts that he later found out $160,000 in taxes were not properly paid and that Abusch unlawfully and retroactively considered him an independent contractor.

For further proof that the plaintiff believed he was being treated as an employee and not a contractor he claims that he was only required to fill out a W-2 employment tax form and not a 1099-MISC contractor tax form. Ehlenberger asserts that due to the situation he has been informed by the IRS that he owes $200,000 in back taxes.

The defendant is accused of breach of contract.

An unspecified amount in damages is sought for compensation for all damages.

Ehlenberger is represented by Matthew K. Brown of New Orleans-based Sullivan Stolier Knight LLC.

The case has been assigned to Division O Judge Ross P. LaDart.

Case no. 729-683.

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