Wayne and June Ellen Hairston - Page 7

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          carried on by that individual, less the deductions attributable             
          to that trade or business.  Sec. 1402(a).  Section 1402(c)(4) and           
          the final sentence of section 1402(c), however, provide that the            
          term "trade or business" does not include "the performance of               
          service by a duly ordained, commissioned, or licensed minister of           
          a church in the exercise of his ministry" if an exemption under             
          section 1402(e) is in effect.                                               
               Section 1402(e) provides specific requirements for a                   
          minister to obtain an exemption from self-employment tax.  A                
          minister seeking the exemption must file an application stating             
          that he is opposed, because of religious principles or                      
          conscientious beliefs, to the acceptance of certain types of                
          public insurance, such as that provided by the Social Security              
          Act, attributable to his or her services as a minister.  Sec.               
          1402(e)(1).  The application must be filed on or before the due             
          date of the return for the second taxable year in which the                 
          taxpayer has $400 or more of self-employment income from the                
          performance of exempted services.  Sec. 1402(e)(3).  The                    
          application deadline is strictly enforced.  See Kelly v.                    
          Commissioner, T.C. Memo. 1980-37; Engstrom v. Commissioner, T.C.            
          Memo. 1980-41.                                                              
               Petitioner filed a Form 4361, Application for Exemption from           
          Self Employment Tax, which was received by the Internal Revenue             
          Service on April 17, 1989.  Box 3 and line 4 of the Form 4361               
          identify petitioner as having been ordained by the Assemblies of            




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