Bernard L. Nadeau, Jr. and Nancy L. Nadeau - Page 5

                                                  5                                                    
                  In the notice of deficiency, respondent determined that the                          
            income and deductions from petitioner's rental activity should                             
            have been reported on Schedule E, Supplemental Income and Loss,                            
            not Schedule C, because the rental activity was passive, and                               
            therefore subject to the limitations on passive activity losses.                           
            The losses were allowed as deductions from adjusted gross income.                          
            They were not allowed, however, in the computation of                                      
            petitioner's self-employment income.  Respondent's determination                           
            with respect to petitioner's self-employment income had the                                
            effect of increasing petitioners' earned income, thereby reducing                          
            the allowable earned income credit for the taxable years 1991 and                          
            1992.                                                                                      
                  Petitioners argue that the income and expenses related to                            
            petitioner's real estate activity should be included in the                                
            calculation of petitioner's self-employment income.  Respondent                            
            contends that these amounts are attributable to rentals from real                          
            estate; that petitioner was not engaged in a trade or business as                          
            a real estate dealer; and that therefore these amounts are                                 
            excluded from petitioner's self-employment income.  Respondent's                           
            determinations are presumed correct, and the burden of proof is                            
            on the taxpayer to prove that the determinations are erroneous.                            
            Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933).                                      
                  Section 1401 imposes a tax on the self-employment income of                          
            individuals.  Sec. 1401(a).  The term "net earnings from self-                             
            employment" is defined by section 1402(a), in relevant part, as                            




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