Frederick J. and Ruth Wuebker - Page 7

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          deductions attributable thereto,5 constituted income from self-             
          employment.  Respondent accordingly determined deficiencies in              
          petitioners' self-employment tax for the years in issue.                    
          Respondent allowed petitioners additional deductions with respect           
          to the self-employment tax liability.  In addition, as a                    
          computational result of the adjustments, respondent decreased the           
          amount of the general business credits and earned income credits            
          allowed to petitioners for the years in issue.                              
                                       OPINION                                        
               Section 1401 imposes a tax on the self-employment income of            
          every individual.  Self-employment income is defined as "net                
          earnings from self-employment".  Sec. 1402(b).  The term "net               
          earnings from self-employment" is defined as gross income derived           
          by an individual from a trade or business carried on by such                
          individual less the deductions attributable thereto.  Sec.                  
          1402(a).                                                                    
               In order to be subject to the self-employment tax, income              
          must be derived from a trade or business carried on by an                   
          individual.  Jackson v. Commissioner, 108 T.C. 130, 134 (1997);             
          Newberry v. Commissioner, 76 T.C. 441, 444 (1981).  There must be           
          a nexus between the income received and a trade or business that            


          5    Respondent disallowed $102 of the mortgage interest                    
          deduction claimed by petitioners in 1992.  Petitioners did not              
          contest this adjustment at trial or on brief.  Petitioners are              
          deemed to have conceded this issue.                                         




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