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, asPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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