- 33 - contend CFC owned the notes at all times, and CFC concedes the interest is includable in its income. Because we have held that Mr. Cordes owned the 1994 and 1995 notes, Mr. Cordes must include in income the interest on those notes, in accordance with his concessions and section 61(a)(4). Mr. Cordes has not addressed respondent’s contention that if Mr. Cordes owned the notes, he is liable for self-employment tax on the interest.21 By virtue of his failure to address the self- employment tax issue, Mr. Cordes is liable for self-employment tax on that income. See also sec. 1.1402(a)-5(b), Income Tax Regs., for specific inclusion. III. Repossession Costs Deduction CFC deducted costs incurred and paid in connection with repossessing certain vehicles in 1994 and 1995, including the costs associated with repossessing vehicles which secured the 1994 and 1995 notes. The parties stipulated that CFC incurred, paid, and deducted costs of $6,879 in 1994 and $16,175 in 1995 in 21The extent of Mr. Cordes’s argument regarding self- employment tax is as follows: XI. EDMUND J. CORDES IS NOT LIABLE FOR SELF-EMPLOYMENT TAX FOR THE TAXABLE YEARS 1994 AND 1995. Petitioner contends the omitted interest income relating to the discounted notes is income to Cordes Finance Corp., not to Petitioner. Any other income as a result of constructive dividends would not be subject to self employment taxes. IRC �1401(a) imposes a tax only on the self employment income of an individual and Edmund J. Cordes had no self employment income in 1994 or 1995.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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