Curtis and Marie Bennett - Page 5




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          referred to “Lucky Keno”, not to the site organizations, as the             
          provider of the Keno lotteries.                                             
               The computer equipment and software provided by Lucky for              
          the Keno lotteries produced wager tickets for the Keno players,             
          recorded the wagers of the players, randomly drew 20 numbers,               
          displayed the winning numbers on a display board, produced a                
          record of the date, time, and amount of the wagers, and generated           
          daily summaries of each lottery.                                            
               For 1995 and 1996, petitioners timely filed their joint                
          Federal income tax returns and reported their share of the income           
          of Lucky.  Petitioners, however, reported no self-employment tax            
          with regard to their respective share of Lucky’s income.                    
               In the notices of deficiency sent to petitioners, respondent           
          determined that the Keno lotteries constituted a trade or                   
          business of Lucky and that petitioners’ respective share of                 
          Lucky’s income was subject to self-employment tax under section             
          1401.                                                                       

                                     Discussion                                       
               Section 1401 imposes a tax on self-employment income.  Self-           
          employment income includes gross income less allowable deductions           
          from a taxpayer’s trade or business and income derived from a               
          trade or business carried on by a partnership in which the                  
          taxpayer is a partner.  Sec. 1402(a).  For purposes of the self-            







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