- 42 - Section 1401 provides that a tax shall be imposed, in addition to other taxes, on the self-employment income of every individual. Self-employment income generally includes an individual’s net earnings from self-employment in any trade or business, a partner’s distributive share of income or loss from any trade or business carried on by a partnership of which he is a member, and guaranteed payments from such a partnership. Sec. 1402; sec. 1.1402(a)-1, Income Tax Regs. Section 1402(a)(2) specifically excludes interest from the term “net earnings from self-employment.” Petitioner bears the burden of proving that he is not liable for the self-employment tax. See Rule 142(a). Petitioner argues that he acted as a mere conduit in collecting funds distributed by the partnerships and that in his role as guardian, he simply transferred the funds to his minor children. Petitioner asserts that he did not have property rights in the funds distributed by the partnerships. The Federal income tax returns filed on behalf of both partnerships report petitioner’s entitlement to a percentage of the profits and losses and guaranteed payments from each partnership. Petitioner has not demonstrated that by virtue of his guardianship role, his rights in the funds distributed by these partnerships were restricted, and he has submitted no evidence that he distributed the money to his minor children.Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
Last modified: May 25, 2011