Robert E. Iles and Monica M. Iles - Page 54

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          1981 net profit of $5,525.92 to Maximum Management, which results           
          in $5,525.92 additional 1981 income to petitioners.  Although               
          self-employment taxes are generally the liability of the taxpayer           
          earning the income, under section 1.6017-1(b)(2), Income Tax                
          Regs., the liability with respect to these taxes in the case of a           
          joint return is joint and several.  Thus, Robert, too, is liable            
          for self-employment tax on the $5,525.92, even though Monica had            
          the self-employment income.                                                 
               We have so found, and we so hold.                                      
               As we have found, petitioners are taxable on $10,953 of 1981           
          long-term capital gain resulting from Robert's effort to sell an            
          interest in SSC to Elliot.  Supra M. First Sale of Interest in              
          Structured Shelters of Cincinnati.  In the notice of deficiency,            
          respondent had determined that "the benefits of capital gains               
          treatment are not available to you [Robert]."  Petitioners, in              
          their belated 1981 tax return, provided the information that the            
          gain was $10,953, not the $10,000 determined in the notice of               
          deficiency.  Respondent concedes on brief that the income is                
          long-term capital gain and that, as a result, 60 percent of the             
          gain is excluded from income and so only $4,381 is includable in            
          petitioners' 1981 adjusted gross income on account of this                  
          transaction.  This is in accord with petitioners' 1981 tax                  
          return.                                                                     







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