- 6 - discussion by the Court as to the reasoning and rational behind this holding other than citing * * * [section 1402(a)(5)(A)] and the related Treasury Regulation.” We agree that there are factual distinctions between this case and Webb. However, it would serve little purpose to discuss those distinctions in detail because we find that none is of any consequence. Furthermore, we think the language of section 1402(a)(5)(A) is sufficiently clear so that reference to the statute is all that was necessary in that case, as it is in this case, to support its application. On brief, petitioner invites us to ignore several other cases that support respondent’s determination because “none * * * take into account * * * the practical aspects of how to treat such an attribution of income * * * [to a married individual who files a separate] tax return.” Except as provided by section 6017,4 however, we fail to see how the filing status of the taxpayer makes any difference for purposes of section 1402(a)(5)(A). In accordance with the provisions of section 1402(a)(5)(A) petitioner must take into account all of the income and 4 Sec. 6017 states, in relevant part: “In the case of a husband and wife filing a joint return * * * [the self-employment tax] shall not be computed on the aggregate income but shall be the sum of the [self-employment] taxes computed * * * on the separate self-employment income of each spouse.” The concept of “separate self-employment income of each spouse” in sec. 6017 is entirely consistent with sec. 1402(a)(5)(A).Page: Previous 1 2 3 4 5 6 7 Next
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