- 49 -- 49 - as net earnings from self-employment derived by an individual. The term "net earnings from self-employment" means gross income derived by an individual from any trade or business carried on by such individual, less the deductions allowed by the Code that are attributable to such trade or business, plus certain items not relevant here. Sec. 1402(a). The term "trade or business", for purposes of the self-employment tax, generally has the same meaning as it has for purposes of section 162. Sec. 1402(c). Petitioners contend that assuming arguendo that we were to sustain respondent's positions that petitioners have unreported income for 1989 and 1990 resulting from the deposits of K & H's and Ms. Velilla's funds and for 1990 resulting from the discharge of the outstanding balances of the Kabeiseman loans, such income would not be subject to self-employment tax. According to peti- tioners, any such income does not constitute self-employment in- come because it is not gross income derived from a trade or busi- ness carried on by petitioner. Since we have found that peti- tioners do not have unreported income for 1990 resulting from the discharge of the outstanding balances of the Kabeiseman loans, we shall address petitioners' contention regarding respondent's de- terminations of self-employment tax for the years at issue only insofar as that contention relates to our findings that petition- ers have unreported income for 1989 and 1990 resulting from the deposits of K & H's and Ms. Velilla's funds. Respondent does not address that issue in her opening brief, nor does she respond toPage: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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