Michael and Kazuko Yang - Page 12




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          November 1, 1996, in the amounts of $7,306, $26,937, $11,859, and           
          $6,5149, respectively, must be subtracted from respondent’s bank            
          deposits determination of income for 1996.                                  
               Section 1401 imposes a tax on the "self-employment income"             
          of every individual.  Section 1402(b) defines "self-employment              
          income" as "net earnings from self-employment".  Section 1402(a)            
          generally defines "net earnings from self-employment" as gross              
          income derived by an individual from any trade or business                  
          carried on by such individual, less deductions allowed.                     
          Petitioners bear the burden of proving that they are not liable             
          for the self-employment tax.  See Rule 142(a).                              
               On their 1993 and 1996 loan applications, petitioners                  
          reported owning businesses, listed the same address for both                
          their home and businesses, and classified Mr. Yang as self-                 
          employed.  Petitioners claim that they misrepresented information           
          on the loan applications, that Mr. Yang has been unemployed since           
          1992, and that they have never owned a business.  On the basis of           
          the evidence in the record, we do not find petitioners’ testimony           
          persuasive and hold that they are liable for the self-employment            
          tax for 1995 and 1996.                                                      
               Section 6662(a) imposes a penalty equal to 20 percent of the           
          portion of an underpayment of tax attributable to a taxpayer’s              
          negligence, disregard of rules or regulations, or substantial               

               9Amounts are rounded to the nearest dollar.                            





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