- 4 - 212, 217 (1941). These provisions are to be broadly construed to favor treatment of income as earnings from self-employment. Hornaday v. Commissioner, 81 T.C. 830, 834 (1983). Respondent's determination that petitioner is liable for self-employment taxes under section 1401 is presumed correct, and petitioner bears the burden to prove otherwise. Rule 142(a); Siebert v. Commissioner, T.C. Memo. 1997-6. Petitioner argues that because he claimed he was unemployed during the years in issue, he is not subject to self-employment taxes under section 1401. We disagree. After a review of the record, we find that petitioner was engaged in the trade or business of street-hustling during the years in issue. Petitioner was engaged in street-hustling with continuity and regularity, and with the primary objective of earning an income or profit. Further, petitioner's activities were regular, frequent, and substantial. They were not sporadic, nor do we believe that they were a hobby or an amusement diversion of petitioner. On this record, we are satisfied that the $4,500 and $8,200 petitioner reported on his 1993 and 1994 returns were derived from petitioner's trade or business of street-hustling. Indeed, petitioner admitted that, aside from the interest income reported on his return for both years, his only source of income was from street-hustling.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011