Don Laverne Clarke - Page 4




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          1402(a) provides that the term "net earning from self-employment"           
          means the gross income derived by an individual from any trade or           
          business carried on by such individual less any allowable                   
          deductions.                                                                 
               Section 1.219-1(c)(1), Income Tax Regs., defines                       
          compensation as wages, salaries, professional fees, or other                
          amounts derived from personal services actually rendered but does           
          not include amounts, such as interest and dividends, derived from           
          or received as earnings or profits from property.  See Miller v.            
          Commissioner, 77 T.C. 97 (1981).                                            
               Petitioner contends that he received $7,893 of                         
          "compensation" during 1993 consisting of an IRA distribution in             
          the amount of $2,900, dividend income in the amount of $4,640,              
          and capital gain in the amount of $353.  In this regard, he                 
          contends that Congress did not intend to exclude dividend income,           
          capital gain, and IRA distributions from the definition of                  
          "compensation" for purposes of section 219(a).  Petitioner                  
          asserts that by using the term "includes" in the definition of              
          "compensation" under section 219(f), Congress did not mean to               
          exclude other unlisted sources of income, such as dividends or              
          capital gain.  He makes a similar contention with respect to the            
          use of the term "means" in section 401(c)(2).                               
               Petitioner's contentions were considered in Miller v.                  
          Commissioner, supra.  In that case, the taxpayer claimed                    





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