- 38 - conclusive as to whether the payments were compensation for services. The payments constitute dividends for U.S. tax purposes.” We, however, again decline any invitation by petitioners to engage in a substance over form analysis. For reasons which parallel those discussed above, we find that petitioners are not entitled to now advance a position that conflicts with the paper trail they have created. Petitioners’ tax returns reflect the payments to DPP as partnership income, and attached Schedules E in some years designate the income as nonpassive and in others as passive. Descriptions of “consulting” or “trade or business--material participation” are typically included in those years where a nonpassive classification is shown, and even in a number of years where the income is marked passive, it is nevertheless labeled self-employment earnings. Section 1402(a) defines “net earnings from self-employment” as “the gross income derived by an individual from any trade or business carried on by such individual,” less allowable deductions, plus the individual’s distributive share from any trade or business carried on by a partnership. However, the statute explicitly provides that “in computing such gross income and deductions and such distributive share of partnership ordinary income or loss * * * there shall be excluded dividends on any share of stock”. Sec. 1402(a), (a)(2).Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
Last modified: May 25, 2011