- 23 - unreported income from his medical practice plus the disallowed Schedules C deductions. Petitioner argues that he paid the maximum amount of Social Security tax, and no amount is due. Section 1401 imposes self-employment tax on self-employment income. Section 1402 defines net earnings from self-employment as the gross income derived by an individual from the carrying on of any trade or business by such individual less allowable deductions attributable to such trade or business. We agree with respondent. We conclude that petitioner is liable for additional self-employment tax in 1986 and 1987 in accordance with section 1401 based upon petitioner's additional self-employment income from his unreported income from his medical practice plus the disallowed deductions. Addition to Tax for Fraud The addition to tax in the case of fraud is a civil sanction provided primarily as a safeguard for the protection of the revenue and to reimburse the Government for the heavy expense of investigation and the loss resulting from a taxpayer's fraud. Helvering v. Mitchell, 303 U.S. 391, 401 (1938). Fraud is intentional wrongdoing on the part of the taxpayer with the specific purpose to evade a tax believed to be owing. McGee v. Commissioner, 61 T.C. 249, 256 (1973), affd. 519 F.2d 1121 (5th Cir. 1975).Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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