- 7 - need not engage in an extended discussion to dispose of this case. Section 1401 imposes a tax on “the self-employment income of every individual”. Section 1402(b) defines self-employment income as “the net earnings from self-employment”. Section 1402(a) defines self-employment earnings as “gross income derived by an individual from any trade or business carried on by such individual, less the deductions * * * which are attributable to such trade or business”. Gain or loss from the sale or exchange of capital assets or from the disposition of other property (except for stock in trade, inventory, or property held primarily for sale to customers in the ordinary course of business) is excluded from the computation of net earnings from self- employment. Sec. 1402(a)(3)(A), (C). In Newberry v. Commissioner, 76 T.C. 441, 444 (1981), we held that, for income to be taxable as self-employment income, “there must be a nexus between the income received and a trade or business that is, or was, actually carried on.” In order to satisfy the nexus standard, the “income must arise from some actual (whether present, past, or future) income-producing activity”. Id. at 446. During the 11-plus years that petitioner was a district manager for the companies, his business consisted principally of recruiting, training, and supervising insurance agents, and hePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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