Juan N. and Miriam J. Villareal, et al. - Page 19

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          deductions stated above.  We hold that petitioners are entitled             
          to claim Schedule C business expense deductions in the amount of            
          $39,441 for the 1995 tax year.                                              
          3.  Self-Employment Tax                                                     
               Section 1401 imposes a tax on the self-employment income of            
          every individual.  The tax is a combination of the old-age,                 
          survivors, and disability insurance tax, and the hospital                   
          insurance tax.  Sec. 1401(a) and (b).  The self-employment tax is           
          similar to the tax employers are required to pay and withhold               
          from the wages of their employees under the Federal Insurance               
          Contribution Act (FICA tax).  Both the self-employment tax and              
          the FICA tax provide individuals with coverage for Social                   
          Security retirement benefits and hospital insurance benefits.               
               Section 1402(a) provides that, for purposes of the self-               
          employment tax, the term "net earnings from self-employment"                
          includes the gross income derived by an individual from any trade           
          or business carried on by the individual, less the deductions               
          allowed that are attributable to the trade or business.  Section            
          1402(c) provides that the term "trade or business", when used               
          with reference to net earnings from self-employment, has the same           
          meaning as when used in section 162, with certain exceptions that           
          are not relevant to the instant case.                                       
               On the basis of the record, we find that petitioners were              
          self-employed for the 1995 tax year and hold that petitioners are           






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