David Cordero Basada - Page 4

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          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.                                                            





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