Sandy Kay Jones and Clint Joseph Jones - Page 2

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               All section references are to the Internal Revenue Code in             
          effect for the year in issue, and all Rule references are to the            
          Tax Court Rules of Practice and Procedure, unless otherwise                 
          indicated.  All dollar amounts are rounded to the nearest dollar,           
          unless otherwise indicated.                                                 
               After concessions by the parties,1 the issues for decision             
          are:  (1)  Whether the amounts reported by petitioners as                   
          royalties are gross receipts from petitioners' trade or business.           
          We hold they are.  (2)  Whether the net profit from petitioners'            
          trade or business is subject to self-employment tax.  We hold it            
          is.                                                                         
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulated facts and accompanying exhibits are incorporated             
          into our findings by this reference.  At the time the petition in           



               1  In the notice of deficiency, respondent disallowed for              
          lack of substantiation deductions for the cost of goods sold and            
          several expenses of petitioners' business, including returns and            
          allowances, commissions expense, and additional Schedule C                  
          expenses.  Respondent concedes that petitioners paid the expenses           
          disallowed in the notice of deficiency.  Respondent further                 
          concedes that petitioners are not liable for the accuracy-related           
          penalty under sec. 6662(a).                                                 
               The parties agree that if this Court decides that the                  
          reported royalties are income subject to self-employment tax,               
          then petitioner's 1994 self-employment tax liability is $10,632,            
          and petitioners are liable for a deficiency in that year of                 
          $9,026.                                                                     
               In light of these concessions, and the parties' agreement, a           
          Rule 155 computation is necessary.                                          




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