- 21 - subject to self-employment tax.13 The Robinsons contend that they were officers and employees of Career and, as such, were not subject to self-employment tax. Section 1401(a) imposes tax on a taxpayer’s self-employment income. The tax is imposed on the gross income derived by an individual from any trade or business carried on by the individual, less deductions. The term “trade or business” in section 1402 has the same meaning as it does for purposes of section 162. Sec. 1402(c). The carrying on of a trade or business for purposes of self-employment tax generally does not include the performance of services as an employee. Sec. 1402(c)(2). Section 1402(d) references section 3121 (relating to the Federal Insurance Contributions Act) for the definition of the term “employee”, as follows: (1) Any officer of a corporation; or (2) any individual who, under the usual common law rules applicable in determining the employer-employee 13 We note that the Robinsons have not shown that there was a factual predicate for reporting discharge of indebtedness income; i.e., they have not shown the identity of the creditor, the amount and terms of the indebtedness, or the cancellation event. The existence of a debtor-creditor relationship is a necessary predicate to a finding of cancellation of indebtedness income. Millar v. Commissioner, 540 F.2d 184, 186 (3d Cir. 1976). On brief, the Robinsons argue that they received the income as employees of Career and not self-employed individuals. Even though the Robinsons reported the income as being from discharge of indebtedness, respondent does not argue that the Robinsons’ reporting position prohibits their now claiming the amounts to be compensation. Respondent contends that the income is compensation from self-employment.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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