- 5 - deficiency issued by respondent. In response to interrogatories issued by respondent, petitioner argued that self-employment taxes were voluntary and that he was, therefore, not required to make payment for those taxes. It is well established that the obligation to pay self- employment taxes is mandatory so long as the requirements of section 1401 are met. Eanes v. Commissioner, T.C. Memo. 2000- 252; see also United States v. Lee, 455 U.S. 252 (1982); Crouch v. United States, 665 F. Supp. 813 (N.D. Cal. 1987); Tyng v. Commissioner, T.C. Memo. 1985-399, affd. without published opinion 809 F.2d 930 (D.C. Cir. 1987). In Eanes, this Court rejected a taxpayer’s argument that the self-employment tax was a voluntary “contribution”. Id. We also stated: Self-employment tax is assessed and collected as part of the income tax, must be included in computing any income tax deficiency or overpayment for the applicable tax period, and must be taken into account for estimated tax purposes. See sec. 1.1401-1(a), Income Tax Regs. Petitioner has a mandatory obligation to pay self-employment taxes if the requirements of section 1401 are met. A genuine issue of material fact is not presented with respect to the voluntariness of the self-employment tax. Section 1401(a) and (b) imposes a percentage tax on self- employment income of every individual for the benefit of old age, survivors, disability insurance, and hospital insurance. Self- employment income is defined as: “the net earnings from self-Page: Previous 1 2 3 4 5 6 7 Next
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