- 7 - her conclusion that such compensation constitutes earnings from self-employment within the meaning of section 1402. OPINION In addition to other taxes, section 1401 imposes a tax upon an individual's self-employment income. This tax is commonly referred to as the self-employment tax. Ignoring exceptions not applicable to this case, section 1402(b) defines self-employment income as net earnings from self-employment. Disregarding irrelevant exceptions and inclusions, net earnings from self- employment consist of the gross income derived by an individual from any trade or business carried on by such individual, less the allowable deductions that are attributable to such trade or business. Sec. 1402(a). However, the self-employment tax generally does not apply to compensation paid to an employee by an employer. Sec. 1402(c)(2) and (3). Petitioners contend that petitioner provided police-type services to the companies as an employee of the Department, not as an independent contractor.4 Consequently, according to petitioners, the compensation that petitioner received from the companies is not subject to the self-employment tax. Respondent's determination to the contrary, having been made in a notice of deficiency, is presumptively correct, and petitioners 4Petitioners have expressly taken the position that petitioner was not an employee of any of the companies during the year in issue. Respondent apparently agrees, and we do not consider this point in our opinion.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011