- 3 - in which Nordic agreed to pay petitioner $500,000, in five installments, for the past use of petitioner's patent. Petitioner and Nordic also entered into a license agreement relating to Nordic's continued use of petitioner's patent. In 1990, petitioner and Regal entered into a settlement agreement in which Regal agreed to pay petitioner $210,000, in three installments, for the past use of petitioner's patent. Petitioner and Regal also entered into a license agreement relating to Regal's continued use of petitioner's patent. On his 1993 and 1994 returns, petitioner reported royalties of $158,611 (i.e., $145,000 relating to Regal's settlement payments and $13,611 from various companies) and $75,810 (i.e., $75,000 relating to Nordic's settlement payment and $810 from various companies), respectively. Petitioner also reported $72,227 and $34,201 of business expenses relating to 1993 and 1994, respectively. OPINION Respondent contends that the settlement awards and royalties petitioner received in 1993 and 1994 are subject, pursuant to section 1401, to self-employment tax. Petitioner contends he is not in the trade or business of inventing and, therefore, not liable for self-employment tax. Section 1401(a) imposes a tax on the self-employment income of every individual. In general, self-employment income consistsPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011