Supreme Court Denies UT’s Bid for Med Students FICA Refund
Client Alert | 1 min read | 05.05.15
The Supreme Court denied without comment the University of Texas' petition to recoup $11 million in Federal Insurance Contributions Act (FICA) taxes paid with respect to medical residents, letting stand a Fifth Circuit decision denying the refunds because the residents were not "students."
UT's argument was based on Texas's "§ 218 agreement" with the Social Security Agency (SSA), pursuant to which Texas opted into the Social Security system for its employees. The § 218 agreement excludes services performed by students, and therefore such services are exempt from FICA tax. Applying a contractual approach to Texas's § 218 agreement, the Fifth Circuit noted that at the time Texas entered into the agreement, the SSA clearly stated its position that medical residents did not fall within the meaning of the term "student" for purposes of the student exclusion. There was no evidence presented that Texas had a different understanding.
In its petition to the Supreme Court, UT argued that the Fifth's opinion conflicted with a similar Eighth Circuit case, Minnesota v. Apfel, which potentially caused a difference in law between the Eighth Circuit and the rest of the country. After Apfel, however, the IRS adopted regulations stating that a school employee who works 40 or more hours per week is not exempt from FICA taxes. Those regulations are applicable for services performed on or after April 1, 2005.
Crowell & Moring's Education Group will continue to monitor cases and legislation important to post-secondary education institutions, ensuring awareness of any changes.
Contacts
Insights
Client Alert | 11 min read | 12.15.25
New York LLC Transparency Act: Key Requirements and Deadlines
On January 1, 2026 (“Effective Date”), the New York LLC Transparency Act ("New York Act”) is scheduled to take effect, introducing new disclosure requirements for limited liability companies (“LLCs”) formed or registered to do business in New York State. The New York Act is expected to impose the type of broad beneficial ownership requirements the federal CTA and rules implementing it was designed to require, before the federal government’s decision to limit the scope of the CTA’s beneficial ownership reporting requirements to foreign companies and foreign beneficial owners.
Client Alert | 7 min read | 12.15.25
The New EU “Pharma Package:” EU Reaches Landmark Deal on Pharma Package
Client Alert | 5 min read | 12.12.25
Eleventh Circuit Hears Argument on False Claims Act Qui Tam Constitutionality
Client Alert | 8 min read | 12.11.25
Director Squires Revamps the Workings of the U.S. Patent Office

