William R. and Muriel G. Jackson - Page 7

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            derived by an individual from any trade or business carried on by                         
            such individual, less the deductions allowed by this subtitle                             
            which are attributable to such trade or business".  It is well                            
            established that the earnings of an insurance agent who is an                             
            independent contractor are "self-employment income" subject to                            
            self-employment tax.  Simpson v. Commissioner, 64 T.C. 974                                
            (1975); Erickson v. Commissioner, T.C. Memo. 1992-585, affd.                              
            without published opinion 1 F.3d 1231 (1st Cir. 1993).                                    
                  In Newberry v. Commissioner, 76 T.C. 441, 444 (1981), this                          
            Court held that, for income to be taxable as self-employment                              
            income, "there must be a nexus between the income received and a                          
            trade or business that is, or was, actually carried on."  Under                           
            our interpretation of the "nexus" standard, any income must arise                         
            from some actual (whether present, past, or future) income-                               
            producing activity of the taxpayer before such income becomes                             
            subject to self-employment tax.  Id. at 446.  And section                                 
            1.1402(a)-1(c), Income Tax Regs., provides that gross income                              
            derived from an individual's trade or business may be subject to                          
            self-employment tax even when it is attributable in whole or in                           
            part to services rendered in a prior taxable year.  This Court                            
            and others have repeatedly applied the "nexus" test.3                                     

                  3     In her reply brief in this case, respondent has                               
            requested that we apply a less restrictive test, the one                                  
            reflected in Rev. Rul. 91-19, 1991-1 C.B. 186, 187, under which                           
            "the required nexus exists if it is clear that a payment would                            
            not have been made but for an individual's conduct of a trade or                          
                                                                         (continued...)               




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