Bruno and Francesca Tabbi - Page 24

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               We held above that petitioners failed to prove that they did           
          not have unreported income in the amounts asserted by respondent.           
          They have not proven that they did not receive that income, nor             
          have they proven that it is not subject to self-employment tax.             
          Petitioner husband received refunds for items, such as insurance            
          and utilities, that he deducted as business expenses.  The                  
          refunds are includable in petitioners' income and are subject to            
          self-employment tax.                                                        
               An individual who is engaged in the business of selling                
          real estate to customers may be classified as a real estate                 
          dealer.  Sec. 1.1402(a)-4(a), Income Tax Regs.  Rentals from real           
          estate and the related deductions are excluded from net earnings            
          subject to self-employment tax unless the rentals are received in           
          the course of a taxpayer's trade or business as a real estate               
          dealer.  Sec. 1402(a)(1); Hopper v. Commissioner, 94 T.C. 542,              
          545 (1990); sec. 1.1402(a)-4(a), Income Tax Regs.                           
               Whether property is held by a taxpayer for investment or for           
          sale to customers in the ordinary course of his trade or business           
          is a question of fact.  Cottle v. Commissioner, 89 T.C. 467, 486            
          (1987); Daugherty v. Commissioner, 78 T.C. 623, 628 (1982).  As             
          discussed below, we hold that petitioner husband was a dealer in            
          real estate.  Thus, the rentals are subject to self-employment              
          tax.  Sec. 1402(a)(1); Rockwell v. Commissioner, T.C. Memo. 1972-           
          133, affd. 512 F.2d 882 (9th Cir. 1975).  Petitioners have failed           






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