- 4 - Business, of his income tax return, petitioner claimed $160,446 as ordinary and necessary business expenses relating to his commodity trading activity, and petitioner indicated that he was in the trade or business of a commodities dealer. The record does not indicate that the $89,000 in commission expenses paid to the floor broker was not included in the ordinary and necessary expenses claimed on petitioner’s 1994 Federal income tax return. In a notice of deficiency mailed to petitioner, respondent determined that the earnings relating to petitioner’s trading in futures contracts were subject to self-employment tax. Discussion Section 1401 imposes a tax on self-employment income from a taxpayer’s trade or business. Generally, capital gains are excluded from self-employment income. See sec. 1402(a)(3)(A). In 1984, however, Congress enacted section 1402(i) which provided that gains realized by commodities dealers in the ordinary course of trading in futures contracts are subject to self-employment tax. Deficit Reduction Act of 1984, Pub. L. 98- 369, sec. 102(c), 98 Stat. 622. Section 1402(i)(1) specifically states that in determining the net earnings from self- employment of any options dealer or commodities dealer, there shall not be excluded any gain or loss (in the normal course of the taxpayer’s activity of dealing in or trading section 1256 contracts) fromPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011