Mortimer Z. Landsberg, Proprietor - Page 5




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          community property laws, the intended and exclusive purpose of              
          section 1402(a)(5)(A) is to prevent the application of the self-            
          employment tax to that part of the taxpayer’s net earnings from             
          self-employment that would otherwise exceed the contribution and            
          benefits base as determined under section 230 of the Social                 
          Security Act.  Section 1402(a)(5)(A) provides the “protection”              
          that petitioner suggests, but it also provides support for                  
          the determination of a deficiency.  See, e.g., Charlton v.                  
          Commissioner, 114 T.C. 333 (2000); Webb v. Commissioner,                    
          T.C. Memo. 1996-550; Klingler v. Commissioner, T.C. Memo.                   
          1987-46; Heidig v. Commissioner, T.C. Memo. 1986-411; Chang v.              
          Commissioner, T.C. Memo. 1984-259.                                          
               Respondent’s brief cites only Webb v. Commissioner, supra.             
          As in this case, the taxpayer and the taxpayer’s spouse in Webb             
          were subject to California’s community property laws.  In that              
          case, we sustained the Commissioner’s determination that under              
          the provisions of section 1402(a)(5)(A), all of the taxpayer’s              
          nonemployee compensation must be taken into account in the                  
          computation of the taxpayer’s self-employment tax liability,                
          although that same compensation was subject to the community                
          property laws of California for purposes of computing the                   
          taxpayer’s taxable income and section 1 tax liability.                      
               Petitioner argues that we should not follow Webb for two               
          reasons:  (1) It is factually distinct, and (2) “there was no               






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