Paul E. Hathaway and Brenda J. Hathaway - Page 15

                                       - 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

Last modified: May 25, 2011