- 7 - Discussion Petitioners argue they are not liable for self-employment tax on the ground that petitioner was an employee of the boat owners or operators when he worked as a crew member or captain in 1997. Respondent argues petitioner was self-employed. Inasmuch as respondent has determined that petitioner was self-employed and that petitioners are liable for self-employment tax under section 1401, and petitioners have filed a timely petition with this Court, we have jurisdiction of this case. See secs. 6211(a), 6213(a); Philbin v. Commissioner, 26 T.C. 1159 (1956); Anderson v. Commissioner, T.C. Memo. 2003-112; sec. 1.1401-1(a), Income Tax Regs. It seems likely respondent’s examination of petitioners’ 1997 return and amended 1997 return began after July 22, 1998, and that section 7491(a) would apply to the case at hand. The parties do not address whether the burden of proof on the deficiency at issue should shift to respondent under section 7491(a). We need not decide that question because our decision on petitioners’ 1997 self-employment tax liability does not depend on the burden of proof. Section 1401 imposes a tax on self-employment income attributable to a taxpayer from any trade or business carried on 7(...continued) petitioners more 1997 Schedule C expense deductions than they had claimed on their original return.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011