- 29 - 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.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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