- 8 - OPINION For Federal income tax purposes, an ordained minister of a church may be treated as an employee or as a self-employed individual. The resolution of this issue affects the manner and extent to which related expenses may be deducted on a minister’s income tax return. If a minister is treated as an employee of the church, the minister’s expenses will be deductible only on Schedule A of the income tax return subject to a 2-percent floor. If a minister is treated as a self-employed individual, the minister’s expenses will be fully deductible as business expenses on Schedule C of the income tax return. Whether a minister, for Federal income tax purposes, is treated as an employee or as a self-employed individual has no effect upon a minister’s self-employment tax liability because under section 1402(c)(2)(D) a minister’s income is treated as self-employment income. However, in order to determine whether petitioner’s expenses are deductible for income tax purposes on Schedule A or Schedule C of petitioners’ income tax returns, we must determine whether petitioner is to be treated as an employee. Whether an employer/employee relationship exists in a particular situation involves a question of fact. Weber v. Commissioner, 103 T.C. 378, 386 (1994), affd. per curiam 60 F.3d 1104 (4th Cir. 1995); Professional & Executive Leasing, Inc. v. Commissioner, 89 T.C. 225, 232 (1987), affd. 862 F.2d 751 (9thPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011