Vincent Michael Coomes - Page 4

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          for each year plus additions to tax under sections 6651(f) and              
          6654.  Petitioner timely filed his petition seeking a                       
          redetermination.                                                            
               On August 7, 2003, in the U.S. District Court for the                  
          Southern District of Ohio, petitioner pleaded nolo contendere to            
          four counts under section 7203 of willfully failing to file                 
          Federal income tax returns for 1994, 1995, 1996, and 1997.                  
          Petitioner was sentenced to four 2-year terms of probation to be            
          served concurrently and ordered to pay a fine of $2,000 and                 
          restitution of $27,475.97 in respect of his income tax                      
          liabilities for 1994, 1995, 1996, and 1997.                                 
                                       OPINION                                        
          I.  Unreported Income                                                       
               Pursuant to section 61(a), gross income includes “all income           
          from whatever source derived”.  Section 61(a)(1) provides that              
          gross income includes compensation received in exchange for                 
          services rendered.  With respect to such income it is well                  
          settled that the person who earns income is taxed on the income.            
          Commissioner v. Culbertson, 337 U.S. 733, 739-740 (1949).                   
          Generally, a sole proprietor who derives income from a trade or             
          business is considered to have received self-employment income.             
          Secs. 1.1401-1(c), 1.1402(c)-1, Income Tax Regs.  Self-employed             
          individuals are also liable for self-employment tax pursuant to             
          section 1401 as part of their Federal income tax liability.  See            






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