John Michael and Janice Hill Brannon - Page 6




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          years in issue were performed as an employee of the Church.  See            
          Weber v. Commissioner, 103 T.C. 378 (1994), affd. 60 F.3d 1104              
          (4th Cir. 1995).  They disagree, however, over whether the tax on           
          self-employment income is applicable to the income that                     
          petitioner earned as a minister during those years.                         
               In addition to other taxes, an individual's self-employment            
          income is subject to a tax imposed pursuant to section 1401.                
          Subject to irrelevant exceptions, self-employment income is                 
          defined as the "net earnings from self-employment derived by an             
          individual * * * during any taxable year."  Sec. 1402(b).  "Net             
          earnings from self-employment" include the gross income earned by           
          an individual from any trade or business, less deductions                   
          attributable to that trade or business.  See sec. 1402(a).  The             
          phrase "trade or business" as used for purposes of the tax on               
          self-employment income has the same meaning as under section 162,           
          which allows a taxpayer to deduct ordinary and necessary expenses           
          paid or incurred in carrying on any trade or business.  See sec.            
          1402(c).                                                                    
               Although an individual can be in the trade or business of              
          being an employee, see O'Malley v. Commissioner, 91 T.C. 352,               
          363-364 (1988), and Primuth v. Commissioner, 54 T.C. 374, 377               
          (1970), generally the income earned by an individual who performs           
          services as an employee is not considered to be income earned in            
          a trade or business for purposes of the tax on self-employment              





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