Fredie Lynn Charlton - Page 8

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          employment tax reported by petitioners for 1994 should be                   
          increased by $6,962.                                                        
               Self-employment tax for a husband and wife filing a joint              
          return is the sum of the taxes computed on the self-employment              
          income of each spouse.  See sec. 6017.  All of the gross income             
          and deductions from a trade or business over which one spouse               
          exercises substantially all of the management and control are               
          attributable to that spouse.  See sec. 1402(a)(5)(A).  For these            
          purposes, “management and control” means actual management and              
          control even if management and control is imputed to the other              
          spouse under community property laws.  Sec. 1.1402(a)-8(a),                 
          Income Tax Regs.                                                            
               Charlton contends that he and Hawthorne jointly operated               
          Medi-Task and that Medi-Task was a partnership or should be                 
          treated as one.  We disagree.  Hawthorne managed Medi-Task and              
          performed most of its day-to-day operations.  Charlton had a                
          full-time job until September 1994, and he also renovated cabins            
          in 1994.  He did not devote much time to Medi-Task.  We conclude            
          that all of the Medi-Task income in 1994 is attributable to                 
          Hawthorne for self-employment tax purposes.                                 
          B.   Whether Petitioners’ 1994 Expenses for the Cabins Were                 
               Preoperational Startup Expenses                                        
               Charlton contends that petitioners may deduct $27,724 for              
          supplies, taxes, travel, utilities, legal and professional                  







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