Robert Conrad Eanes II - Page 6




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          determinations are erroneous.  See Rule 142(a); Welch v.                    
          Helvering, 290 U.S. 111, 115 (1933).4                                       
               Petitioner’s argument focuses on the use of the word                   
          “contributions” in SECA’s title and relies upon what petitioner             
          claims is its plain meaning.  Petitioner’s argument is misplaced.           
          Webster’s Collegiate Dictionary defines “contribution”, among               
          other things, as “a payment (as a levy or tax) imposed by                   
          military, civil, or ecclesiastical authorities [usually] for a              
          special or extraordinary purpose”.  Webster’s Collegiate                    
          Dictionary 252 (10th ed. 1997).  The use of the term                        
          “contributions” in SECA’s title is consistent with the definition           
          cited above.  Self-employment tax is a tax imposed by the United            
          States Government for a special purpose; i.e., to fund Social               
          Security and hospital insurance benefits.  The taxation regime              
          established by SECA has been upheld as constitutional.  See Cain            
          v. United States, 211 F.2d 375 (5th Cir. 1954); Egan v.                     
          Commissioner, T.C. Memo. 1980-560, affd. without published                  
          opinion (9th Cir. 1982).                                                    
          Section 1401 imposes a tax on income earned from self-                      
          employment in order to fund the payment of Social Security and              


               4Although respondent claimed increased additions to tax                
          under sec. 6651(a)(1) in his answer, as to which he bears the               
          burden of proof, see Rule 142(a), the issue is moot since                   
          respondent has conceded that petitioner’s liability for the sec.            
          6651(a)(1) addition to tax for 1996 and 1997 is lower than that             
          determined in the notice of deficiency.                                     





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