- 15 - Beaver v. Commissioner, supra, advance commissions were not loans because personal liability did not attach until after the years in question, while at the time the advances were made there was no personal liability, and the payor treated the advances as salary advances. Additionally, there was an administration fee of 1.3 percent per month charged against the advance commissions balance. Although it was not referred to as interest, petitioner testified that the parties referred to and treated the fee as interest. In light of the facts and circumstances in the record, this testimony is logical and is accepted as fact. Given these facts, we find that the advance commissions were loans and need not be included in income where the income was earned as commissions on sales or renewals perhaps in a later year. Respondent did not determine the amount of income earned when petitioner sold insurance. Self-Employment Tax Having decided that petitioner's receipt of the advance commissions constituted loan proceeds and not income, it follows that they are not liable for self-employment tax in the years in question on those amounts received. However, a deduction of $403 on Schedule C has been disallowed due to a lack of substantiation. Petitioners' nonemployee income is therefore increased by $403, necessitating an increase in the self- employment tax on that amount. Sec. 1401. Respondent concedesPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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