- 6 -- 6 - We find the testimony given by petitioner to be too vague and based too much upon conjecture to establish that the $10,393 of bank deposits at issue were derived from credit card cash advances, earnings from Merkle, or a combination of both. Furthermore, we find no other evidence in the record which establishes that the $10,393 of funds deposited into petitioner’s checking bank account were nontaxable. In the absence of such evidence, we must find for respondent on this issue. 2. Self-Employment Tax Respondent determined that petitioner is liable for self- employment tax on the unreported income. Section 1401 imposes a tax on the self-employment income of individuals. Self-employment income means the net earnings from self- employment derived by an individual. Sec. 1402(b). In general, net earnings from self-employment means the gross income derived by an individual from any trade or business that he or she carries on, reduced by allowable deductions attributable thereto. Sec. 1402(a). Petitioner bears the burden of showing that respondent's determination is erroneous. Rule 142(a); cf. Jones v. Commissioner, T.C. Memo. 1994-230, affd. without published opinion 68 F.3d 460 (4th Cir. 1995); O’Rourke v. Commissioner, T.C. Memo. 1993-603, affd. without published opinion 60 F.3d 834 (9th Cir. 1995). When asked at trial about his employment status, petitionerPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011