- 9 - that includes the calendar year. Sec. 7701(b)(3)(A); sec. 301.7701(b)-1(c)(1), Proced. & Admin. Regs. An individual is treated as present in the United States on any day that such individual is physically present in the United States at any time during such day. Sec. 7701(b)(7)(A). The record shows that petitioner was physically present in the United States, working as a taxicab driver in Chicago, for more than 183 days during 1992 and 1993. In fact, petitioner offered no evidence that he was physically absent from the United States at anytime after his arrival in 1986. Moreover, petitioner never revealed what foreign country he claims as his place of residency. We find that petitioner satisfies the section 7701(b)(3) substantial presence test and therefore must be treated as a United States resident for 1992 and 1993. We hold that petitioner's net earnings from self-employment constitute self-employment income. Accordingly, petitioner is liable for the self-employment taxes as determined by respondent. The fourth issue for decision is whether petitioner is liable for the section 6662(a) accuracy-related penalty for negligence. Respondent's determination of negligence is presumed to be correct, and petitioner bears the burden of proving that the penalty does not apply. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933); Bixby v. Commissioner, 58 T.C. 757, 791-792 (1972).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011