-54- 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.Page: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
Last modified: May 25, 2011