John D. Fairchild - Page 10




                                       - 10 -                                         
          and did not receive Forms W-2 or Forms 1099.  He testified that             
          he went to Stan’s Pawn Shop from time to time to oversee its                
          operations and did not work a specific schedule.  He contends               
          that these facts show that he was not employed or self-employed.            
          We disagree.                                                                
               Taxpayers who derive net earnings from self-employment of              
          $400 or more are liable for self-employment tax.  Sec. 6017.                
          Self-employment income consists of the net earnings from a trade            
          or business carried on by an individual through a sole                      
          proprietorship.  Sec. 1.1401-1(c), Income Tax Regs.; see also               
          Parrish v. Commissioner, T.C. Memo. 1997-474, affd. 168 F.3d 1098           
          (3d Cir. 1999).  Petitioner must take into account all of the               
          income and deductions of his sole proprietorship in computing his           
          1993 self-employment tax.  Sec. 1402(a)(5)(A).  The fact that he            
          received no wages from Stan’s Pawn Shop and did not work                    
          regularly at Stan’s Pawn Shop does not affect whether he derived            
          income from his business because he and Stan’s Pawn Shop are not            
          separate legal entities for tax purposes.  Jaske v. Commissioner,           
          supra.  Thus, the net income that he derived from Stan’s Pawn               
          Shop is subject to self-employment tax.  Sec. 1402.  We conclude            
          that petitioner is liable for self-employment tax on the $25,218            
          that he reported on his 1993 tax return as net income of Stan’s             
          Pawn Shop in 1993.                                                          








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