Sandy Kay Jones and Clint Joseph Jones - Page 13

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          by section 1402.  Furthermore, royalty payments received as self-           
          employment income from a trade or business are subject to self-             
          employment tax.  Dacey v. Commissioner, T.C. Memo. 1992-187;                
          Hittleman v. Commissioner, T.C. Memo. 1990-325, affd. without               
          published opinion 945 F.2d 409 (9th Cir. 1991); Langford v.                 
          Commissioner, T.C. Memo. 1988-300, affd. without published                  
          opinion 881 F.2d 1076 (6th Cir. 1989).                                      
               We have found that petitioner is in the trade or business of           
          selling the companies' products and recruiting distributors, and            
          that the payments that petitioner received from the companies for           
          sales made by his down-line distributors, regardless of whether             
          he had personal contact with them, are gross receipts from his              
          trade or business.  Therefore, all such income is self-employment           
          income to petitioner which is subject to self-employment tax                
          under section 1401.                                                         
               For the foregoing reasons,                                             
                                                  Decision will be entered            
                                             under Rule 155.                          















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