- 13 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13
Last modified: May 25, 2011