- 2 - adjustment concerning self-employment tax. Petitioners do not object to the concession of self-employment tax adjustment, but to the corresponding elimination of the deduction for one-half the conceded self-employment tax adjustment. Respondent objects to petitioners’ motion, solely on the ground that the period for assessment was suspended under section 6503(a) at the time of the determination. There is no dispute about any material fact, and this matter is ripe for summary judgment. Background Petitioners’ joint 1995 Federal income tax return was filed October 15, 1996. On April 18, 1999, and again on October 14, 1999, petitioners executed Forms 872, Consent to Extend the Time to Assess Tax, agreeing to extend the assessment period to April 30, 2000, and October 31, 2000, respectively. Respondent issued a Notice of Deficiency to petitioners on October 6, 2000, determining a $2,075 deficiency in income tax and an $8,123 deficiency in self-employment tax for petitioners’ 1995 taxable year. The self-employment tax deficiency was based on respondent’s determination that petitioners received $83,514 of self-employment income, rather than $6,694 of self-employment income as reported on petitioners’ 1995 return. Because of the increase in self-employment tax liability, respondent correspondingly determined that petitioners were entitled to a deduction equal to one-half of the self-employment tax or $4,062.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011