Tracy Lee Milian - Page 6




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               In 1995, Petitioner earned $32,834.85 from the City of Fort            
          Worth, $12,860 from the housing authority, and $2,198 from the              
          school district.  Petitioner included the $12,860 from the                  
          housing authority as part of what he reported as wages on his               
          1995 return.  He failed to report on his return the $2,198                  
          received from the school district.  At trial, petitioner conceded           
          that the $2,198 received from the school district should have               
          been included in his reportable income.  Petitioner did not                 
          report any amount of self-employment tax on his off-duty income.            
               Petitioner contends that he was an employee of the City of             
          Fort Worth when he worked off-duty jobs because he was under the            
          control of the Department at all times.  Petitioner argues that             
          because he was employed by the City of Fort Worth in its Police             
          Department for the off-duty jobs, and not self-employed, he does            
          not have to pay self-employment taxes on the off-duty income.               
          Respondent asserts that petitioner was not under the control of             
          the Department at the time petitioner worked off-duty jobs.                 
          Therefore, respondent's position is that petitioner was not an              
          employee, and as such, his compensation from off-duty employment            
          is subject to self-employment tax under section 1401.                       
                                       OPINION                                        
               Section 1401 imposes a tax upon a taxpayer's self-employment           
          income.  Self-employment income includes the net earnings from              
          self-employment derived by an individual during the taxable year.           





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