Edward C. Tietig - Page 42




                                       - 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