- 8 - business. Sec. 1402(a). Respondent contends that petitioner is liable for the self- employment tax because the $24,000 was commission income in petitioner’s trade or business as a salesperson. We disagree. For purposes of section 1401, “trade or business” shares the same definition as when used in section 162. Sec. 1402(c). However, an exception exists where the performance of service is by an individual as an employee. Sec. 1402(c)(2). Section 1.1402(c)-3, Income Tax Regs., states as follows: the performance of service by an individual as an employee, as defined in the Federal Insurance Contributions Act (chapter 21 of the Internal Revenue Code) does not constitute a trade or business within the meaning of section 1402(c) and section 1.1402(c)-1. * * * Petitioner was a full-time, salaried employee of QSN during the year in issue. He did not engage in a trade or business subject to the self-employment tax during the year in issue. Accordingly, petitioner is not subject to self-employment tax. Petitioner is sustained on this issue. Section 6662(a) The last issue for decision is whether petitioner is liable for an accuracy-related penalty pursuant to section 6662(a) for the year in issue. Section 6662(a) imposes a penalty of 20 percent of the portion of the underpayment which is attributable to negligence or disregard of rules or regulations. Sec. 6662(b)(1). Negligence is the “‘lack of due care or failure toPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011