Sandy Kay Jones and Clint Joseph Jones - Page 12

                                       - 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 tax           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011