- 7 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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