- 5 - On March 17, 1995, respondent sent, via certified mail, a statutory notice of deficiency to petitioners setting forth deficiencies in petitioners' Federal income tax for the taxable years 1989, 1990, and 1991. Respondent contends that petitioner's extended earnings are subject to the self-employment tax under sections 1401 and 1402, because the extended earnings paid to petitioner were derived from petitioner's prior insurance business. Petitioners contend that the extended earnings are the proceeds from the sale of petitioner's insurance agency to the Companies and are, therefore, proceeds from the disposition of a capital asset. In the alternative, petitioners argue that the extended earnings are not sufficiently related to petitioner's past insurance business in order to make the payments subject to self-employment tax under sections 1401 and 1402. Respondent contends that the "extended earnings" paid to petitioner by the Companies constitute self-employment income for purposes of the self-employment tax under sections 1401 and 1402, because the payments were derived from a trade or business carried on by petitioner. Petitioners have the burden of proving respondent's determination is incorrect. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). Petitioner argues that his relinquishment to the Companies of the records and lists he maintained with respect to the policies he sold and the policy- holders to whom he provided service was tantamount to the sale of business "goodwill" to the Companies. Thus, petitioners arguePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011