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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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