Wayne and June Ellen Hairston - Page 9

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               Petitioner testified that all of the income reported on                
          Schedule C for each taxable year is income from his "counseling             
          ministry".  Since the exemption applies only with respect to                
          income attributable to services performed by an individual in the           
          individual's capacity as a minister, respondent contends that               
          petitioner does not qualify for the exemption because income                
          attributable to counseling is not income attributable to the                
          practice of a religious ministry.                                           
               Although the foregoing matter raises an interesting point of           
          dispute, we do not have to resolve it in this case.  Even if                
          petitioner could prove that income derived from his counseling              
          practice is income derived from a religious ministry, he cannot             
          prove that he is opposed to public insurance as a conscientious             
          or religious principle, as is required by section 1402 in order             
          to qualify for exemption from self-employment tax.                          
               Petitioner's testimony at trial reveals that he is not                 
          opposed to public insurance as a "religious issue".  The                    
          following exchange illustrates petitioner's beliefs regarding               
          public insurance:                                                           


               The Court:     Okay.  And just to go back a couple                     
                              questions, are you, as an ordained minister,            
                              opposed to public insurance?                            
               Mr. Hairston: Public -- I am sorry?                                    
               The Court:     Public insurance?  Was that the reason that             
                              you had filed your application for exemption            
                              from the self-employment tax?                           




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