- 5 - In defining the concept of earned income for purposes of section 32, section 32(c)(2)(A)(ii) provides that earned income means, inter alia, “the amount of the taxpayer’s net earnings from self-employment for the taxable year (within the meaning of section 1402(a))”. Section 1402(a), in turn, provides in pertinent part: SEC. 1402(a). Net Earnings From Self-Employment.--The term “net earnings from self-employment” means the gross income derived by an individual from any trade or business carried on by such individual * * * except * * * (1) * * * rentals from real estate * * * unless such rentals are received in the course of a trade or business as a real estate dealer * * *. Section 1.1402(a)-4(c)(2), Income Tax Regs., provides: (2) Services rendered for occupants. Payments for the use or occupancy of rooms or other space where services are also rendered to the occupant, such as for the use or occupancy of rooms or other quarters in hotels, boarding houses, or apartment houses furnishing hotel services, or in tourist camps or tourist homes, or payments for the use or occupancy of space in parking lots, warehouses, or storage garages, do not constitute rentals from real estate; consequently, such payments are included in determining net earnings from self-employment. * * * Petitioner is not a dealer in real estate, nor does he provide the type of services to tenants enumerated in the regulations. We note in this regard that petitioner did not report his real estate rental income for purposes of computing self-employment tax. For purposes of sections 1402(a) and 32(c)(2), we conclude that petitioner’s real estate rental income was not earned income. That income ($8,095) falls within thePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011