- 3 - their 1995 Federal tax return. Petitioners did not report or pay any self-employment tax on this amount. In pertinent part, respondent determined that petitioner was subject to self-employment tax of $7,928, which, after the deduction for one-half of the self-employment tax under section 164(f), resulted in a net adjustment of $3,964. 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. Sec. 1402(b). Section 1402(a) provides, subject to exceptions, that "net earnings from self-employment" includes a partner's distributive share of partnership trade or business income. One of the exceptions to the general rule provides that a limited partner's share of partnership income is not subject to self-employment tax. Sec. 1402(a)(13). Neither party contends that any of the other exceptions would be relevant in this case. Petitioners argue that petitioner's interest in Gallant is passive, and, therefore, any distributions from the partnership should not be subject to self-employment tax. Respondent contends that the distribution from Gallant is subject to self- employment tax regardless of whether petitioner's involvement is passive or active, because petitioner is a general partner. We agree with respondent. It is undisputed that petitioner's interest in Gallant was a general partnershipPage: Previous 1 2 3 4 Next
Last modified: May 25, 2011