Lawrence W. Wirenius - Page 4




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          Accordingly, we hold that petitioner had gross income in 1994 of            
          $22,455.                                                                    
               2. Self-employment Tax  Section 1401(a) imposes a tax on               
          self-employment income for old-age, survivors, and disability               
          insurance.  Section 1401(b) imposes an additional tax on self-              
          employment income for hospital insurance.  Self-employment income           
          is defined as the net earnings from self-employment derived by an           
          individual during the taxable year.  Sec. 1402(b).  Net earnings            
          from self-employment is the gross income derived by an individual           
          from any trade or business carried on by such individual, less              
          any deduction attributable thereto.  Sec. 1402(a).                          
               Courts look to several factors to decide whether an                    
          employment relationship exists.  Among them are the following:              
          (1) The degree of control exercised by the principal over the               
          manner in which work is performed; (2) the individual's                     
          investment in the facilities used; (3) the individual's                     
          opportunity for profit or loss; (4) whether or not the principal            
          has the right to discharge the individual; (5) the permanency of            
          the relationship; (6) whether the work performed is an integral             
          part of the principal's regular business; and (7) the                       
          relationship the parties believe they are creating.  United                 
          States v. Silk, 331 U.S. 704, 716 (1947); Simpson v.                        
          Commissioner, 64 T.C. 974, 984-985 (1975); sec. 31.3121(d)-                 
          1(c)(2), Employment Tax Regs.  These factors are not weighed                
          equally, but must be evaluated according to their significance in           



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