Gary G. Gage and Carrie M. Gage - Page 5




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          observes that the self-employment tax was imposed on petitioners’           
          income derived from Mr. Gage’s Schedule C business.                         
               We agree with respondent that petitioners are liable for               
          self-employment tax on their self-employment income.                        
          Respondent’s denial of a self-employment tax exemption to                   
          petitioners, assuming their claimed religious objections to the             
          Social Security system are sincere, was not in violation of their           
          free exercise rights.  In Droz v. Commissioner, 48 F.3d 1120 (9th           
          Cir. 1995), the Court of Appeals for the Ninth Circuit, the court           
          to which this case is appealable, held that the denial of                   
          exemption from self-employment tax to a taxpayer who had                    
          religious objections to the Social Security system did not                  
          violate the taxpayer’s free exercise rights.  Our jurisprudence             
          contains a line of cases which hold similarly.  Randolph v.                 
          Commissioner, 74 T.C. 284 (1980); Henson v. Commissioner, 66 T.C.           
          835 (1976); Palmer v. Commissioner, 52 T.C. 310 (1969); May v.              
          Commissioner, T.C. Memo. 1996-135; Grieve v. Commissioner, T.C.             
          Memo. 1986-453.  Because we find nothing in the instant case to             
          distinguish it from Droz and our line of cases, we hold that the            
          imposition upon petitioners of self-employment tax as determined            
          by respondent is not in violation of their First Amendment                  
          rights.                                                                     










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