-8- substantial portion of the compensation he received from FBO. Respondent disallowed the claimed exclusion. Petitioner also calculated self-employment tax on Form SE in the amount of $6,250. Respondent concedes that petitioner is not liable for self-employment tax if we hold that he was an employee of FBO in 1989. ULTIMATE FINDING OF FACT Petitioner was an FBO employee in 1989. OPINION At issue is the characterization for tax purposes of petitioner's relationship with FBO during 1989. Petitioner argues that his relationship with FBO in 1989 was that of an independent contractor and therefore petitioners are entitled to exclude $70,000 of his 1989 income from FBO as "foreign earned income" within the purview of section 911(b)(1)(B)(ii). Respondent contends that petitioner's relationship with FBO in 1989 was that of an employee and therefore petitioners are not entitled to the exclusion. Section 911 provides in relevant part: (a) Exclusion from Gross Income.--At the election of a qualified individual (made separately with respect to paragraphs (1) and (2)), there shall be excluded from the gross income of such individual, and exempt from taxation under this subtitle, for any taxable year-- (1) the foreign earned income of such individual, andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011