- 15 - amended tax returns), or whether petitioners are required to deduct substantially all of those expenses (see supra note 2) “below the line”, as in petitioners’ initial tax returns. See sec. 62(a)(2). More than 80 percent of the deficiencies in dispute in the instant case results from the impact of this issue on the calculation of the alternative minimum tax. Sec. 56(b)(1)(A)(i); see supra note 1. Substantially all the remainder of the deficiencies results from the application of the 2-percent floor on miscellaneous itemized deductions. Sec. 67. Unlike the usual situation in employment-status cases, respondent does not contend, even in the alternative, that Hathaway is subject to self-employment taxes. Sec. 1401. Petitioners contend that Hathaway was a statutory employee under section 3121(d)(3)(D) in 1989 and 1990, and thus, by operation of Rev. Rul. 90-93, 1990-2 C.B. 33, petitioners properly reflected Hathaway’s business-related income and expenses on Schedule C in calculating adjusted gross income under section 62(a)(1). In the alternative, petitioners contend that Hathaway was an independent contractor in 1989 and 1990, also entitling petitioners to use Schedule C to reflect Hathaway’s business-related income and expenses in calculating adjusted gross income under section 62(a)(1). 5(...continued)Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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