Paul B. and Jane C. Ding - Page 7

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          self-employment tax liability.  For the following reasons we                
          agree with respondent.                                                      
               We find the absence of any reference to S corporation pass-            
          through items in section 1402 to be significant, and not merely a           
          consequence of timing.  The statute has been amended 34 times               
          since the enactment of the S corporation provisions.  None of the           
          amendments address pass-through items from S corporations.  We              
          note that respondent's position on the issue here under                     
          consideration was published 38 years ago in Rev. Rul. 59-221,               
          1959-1 C.B. 225, which states, in part:                                     
                    it is apparent that income not resulting from                     
                    the conduct of a trade or business by an                          
                    individual or by a partnership of which he is                     
                    a member is not includible in computing the                       
                    individual's net earning from self-                               
                    employment.  Amounts which must be taken into                     
                    account in computing a shareholder's income                       
                    tax by reason of the provisions of * * * [a                       
                    predecessor of section 1366] of the Code, are                     
                    not derived from a trade or business carried                      
                    on by such shareholder.  Neither the election                     
                    by a corporation as to the manner in which it                     
                    will be taxed for Federal income tax purpose                      
                    nor the consent thereto by the persons who                        
                    are shareholders results in the consenting                        
                    shareholder's being engaged in carrying on                        
                    the corporation's trade or business.                              
                    Accordingly, amounts which a shareholder is                       
                    required to include in his gross income by                        
                    reason of the provisions of * * * [a                              
                    predecessor of section 1366] of the Code                          
                    should not be included in computing his net                       
                    earnings from self-employment  * * *.                             
          The revenue ruling concludes that S corporation pass-through                
          items do not constitute net earnings from self-employment to the            





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