John Michael and Janice Hill Brannon - Page 12




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          minister are not exempt from the tax on self-employment income              
          imposed by section 1401 is sustained for each year in issue.                
               In closing, we respond briefly to a question raised by                 
          petitioners at trial and repeated in their brief.  They question            
          how an individual could be treated as an employee (and therefore            
          not self-employed) for purposes of deductions allowable under               
          section 162, yet be treated as "self-employed" for purposes of              
          section 1401.  Perhaps the question results from the common                 
          practice of referring to the tax imposed by section 1401 as the             
          "self-employment" tax.  That designation is somewhat misleading             
          because it suggests that the tax is imposed only upon individuals           
          who are self-employed.  Technically, as noted above, that tax is            
          imposed upon an individual's "self-employment income", which by             
          definition, includes income earned as an employee under various             
          circumstances, including those present in this case.                        
               To reflect the foregoing,                                              
                                                  Decision will be                    
                                             entered for respondent.                  
















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