John Pryor Green - Page 4

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          income in 1988, 1991, and 1992.  Third, she determined that he              
          was liable for self-employment tax on all of his unreported                 
          income.  Fourth, she determined that he could deduct the standard           
          deduction for each year, and that he could deduct one-half of his           
          self-employment tax for 1990, 1991, and 1992.  Fifth, she                   
          determined that his filing status was “Single”, and that he was             
          entitled to one exemption.  Sixth, she determined that he was               
          liable for the additions to tax mentioned above.                            
                                       OPINION                                        
          1.  Taxable Income                                                          
               Respondent determined that the amounts listed on the Forms             
          1099-NEC were includable in petitioner’s gross income.  She also            
          referred to the Bureau of Labor Statistics, and determined that             
          petitioner received additional taxable income in 1988, 1991, and            
          1992.  In his opening argument at trial, respondent’s counsel               
          conceded the adjustments based on the labor statistics.                     
               At the outset, we note that we need not, and do not, reach             
          the issue involved in Portillo v. Commissioner, 932 F.2d 1128               
          (5th Cir. 1991), affg. in part and revg. in part T.C. Memo.                 
          1990-68, because petitioner has not challenged the accuracy of              
          the Forms 1099-NEC issued to him.  As we understand petitioner’s            
          argument, he performed his court reporting assignments as an                
          employee of Patterson, Metro, and the State of Florida, and he              
          was not an independent contractor as determined by respondent.              






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