- 4 - 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 claimedPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011