Timothy Klusken - Page 5




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          claimed a Schedule C deduction of $157.50 for 2 months of these             
          maintenance fees but alleged that he paid this fee every month in           
          1996.  We held the record open for 45 days to allow petitioner to           
          provide documentation to substantiate any additional expense.               
          Petitioner provided two credit card statements that show he paid            
          a total of $157.50 to Strategic.  Petitioner also provided a                
          packing list which shows that Strategic sent a product to                   
          petitioner in November 1996 in connection with the “Automatic               
          Monthly Reorder” petitioner authorized.  Petitioner did not                 
          provide any further documentation.                                          
               Section 1401 imposes a tax on a taxpayer’s self-employment             
          income.  Self-employment income includes the net earnings from              
          self-employment derived by an individual during the taxable year.           
          See sec. 1402(b).  Net earnings from self-employment income means           
          gross income derived by an individual from any trade or business            
          carried on by the individual, less any attributable deductions.             
          See sec. 1402(a).  An individual is engaged in a trade or                   
          business if the individual’s activities are conducted with                  
          continuity and regularity and primarily for income or profit.               
          See sec. 1402(c); Commissioner v. Groetzinger, 480 U.S. 23, 35              
          (1987).  The trade or business may be carried on by an individual           
          “either personally or through agents or employees.”  Sec.                   
          1.1402(a)-2(b), Income Tax Regs.                                            








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