Henry W. Radde and Susan K. Radde - Page 8

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                                       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 (9th              




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