- 12 - We therefore find that the payments petitioner received from the companies are not dividends excluded from self-employment tax under section 1402. Petitioner also referred to the payments as royalties. Royalties are defined as payments received for the right to use intangible property rights, and that definition does not include payments for services. Sierra Club, Inc. v. Commissioner, 86 F.3d 1526, 1535 (9th Cir. 1996) (defining royalties for the purposes of section 512(b)), affg. in part and revg. in part 103 T.C. 307 (1994); see also Disabled Am. Veterans v. Commissioner, 94 T.C. 60, 72 (1990) (the regulations define royalties, other than mineral, oil, or gas royalties, for personal holding company purposes, as "amounts received for the privilege of using patents, copyrights, secret processes and formulas, good will, trade marks, trade brands, franchises, and other like property."), revd. 942 F.2d 309 (6th Cir. 1991); sec. 1.543- 1(b)(3), Income Tax Regs. Petitioner has not provided any persuasive evidence that the payments he received from the companies were for the right to use his intangible property rights, if any, and not for services. We do not need to resolve the question of whether the payments petitioner received from the companies are royalty payments to decide this case. Royalty payments, unlike dividends, are not specifically excepted from self-employment taxPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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