Edward C. Tietig - Page 43




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               Petitioner also argues that the only services that he                  
          provided were for Farm & Grove.  This argument ignores the fact             
          that during the years in issue, petitioner was a general partner            
          at both the 100-lot and the Kiddies 38/91 partnerships.  During             
          the years in issue, the partnerships conducted businesses and               
          reported distributing profits and losses as well as guaranteed              
          payments to petitioner.  Thus, petitioner is liable for the self-           
          employment tax.                                                             
               We hold that petitioner is liable for the self-employment              
          tax based on moneys that he received from the 100-lot and Kiddies           
          38/91 partnerships in 1990, 1991, and 1993.46                               
          VII. Issue 7.  Flow-Through Adjustment                                      
               A.  Background                                                         
               On Schedule K-1 of its 1990 and 1991 Form 1065, the 100-lot            
          partnership reported petitioner’s share of income as $11,372 in             
          1990 and a loss of $17,339 in 1991.  Petitioner reported the                
          $11,372 in income from the 100-lot partnership on his amended               
          1990 Federal income tax return, and he reported the $17,339 loss            
          on his 1991 Federal income tax return.                                      
               B.  Discussion                                                         
               Petitioner argues that the reported income and loss from the           
          100-lot partnership should be stricken from his 1990 and 1991               



               46Petitioner is entitled to a deduction in 1990, 1991, and             
          1993 for paying the self-employment tax.  See sec. 164(f).                  





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