James M. McGaffin III and Deborah McGaffin - Page 2

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          decision is whether petitioner James M. McGaffin, a minister, is            
          exempt from self-employment tax because he properly filed an                
          application for exemption under section 1402(e).2                           
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and attached exhibits are incorporated             
          herein by reference.  At the time the petition was filed in this            
          case, petitioners resided in Omaha, Nebraska.  All references to            
          petitioner are to James M. McGaffin.                                        
          Background                                                                  
               Petitioner began practicing as a licensed minister in 1984             
          and was subsequently ordained in 1988.  Petitioners filed a joint           
          individual income tax return for the year 1984 indicating their             
          respective occupations to be "pastor" and housewife.  The return            
          reported self-employment income in excess of $400 some of which             
          was earned by petitioner through the performance of services as a           
          minister.  There was no Form 4361, Application For Exemption From           
          Self-Employment Tax, for use by ministers, attached to the return           
          for the year 1984.  Petitioners did attach to their 1984 return a           
          Schedule SE, Computation of Social Security Self-Employment Tax.            
          On the schedule they did not check the box following line 2, Part           
          I, Schedule SE, to indicate earnings as a minister that were                
          exempt from self-employment tax.                                            



          2The parties have stipulated to the amount to which the                     
          self-employment tax applies if petitioner is not exempt.                    




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