Eddie Cordes, Inc., et al. - Page 33




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          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.                         




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