James J. Lencke and Janene B. Lencke - Page 29

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          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).                                                                     
               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.                          
               First, we must decide whether the residual premiums received           
          by Mr. Lencke in 1990 and 1991 from Farm Bureau are subject to              
          self-employment tax.  Respondent contends that section 1401                 
          imposes self-employment tax upon this type of income.  We agree.            
          Petitioners have the burden of proving that the residual premiums           
          received by them are not subject to self-employment tax.  Because           
          they have chosen not to pursue this issue in either their opening           
          brief or reply brief, we consider it to have been conceded.                 




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