Vincent Michael Coomes - Page 5

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          also secs. 1.1401-1(a), 1.6017-1(a)(1), Income Tax Regs.  Subject           
          to statutory exclusions, the amount of self-employment tax an               
          individual owes is based on his “net earnings from self-                    
          employment”.  Sec. 1402(a).  “Net earnings from self-employment”            
          include “the gross income derived by an individual from any trade           
          or business carried on by such individual, less the deductions              
          allowed” which are attributable to the trade or business.  Id.;             
          sec. 1.1402(a)-1(a)(1), Income Tax Regs.                                    
               Petitioner conceded that he operated Imperial as a sole                
          proprietorship and that Imperial had no employees.  Petitioner              
          failed to offer any evidence to contradict respondent’s position            
          that petitioner personally managed and controlled Imperial’s                
          telephone services business.  Relying on invoices issued by                 
          Imperial and bank deposits made by petitioner, respondent                   
          appropriately reconstructed petitioner’s income for 1993, 1994,             
          1995, 1996, 1997, and 1998.  See, e.g., Holland v. United States,           
          348 U.S. 121, 133 (1954); Bevan v. Commissioner, 472 F.2d 1381              
          (6th Cir. 1973), affg. T.C. Memo. 1972-312; Woods v.                        
          Commissioner, T.C. Memo. 1989-611, affd. without published                  
          opinion 929 F.2d 702 (6th Cir. 1991).   Petitioner did not                  
          challenge respondent’s computations but rather admitted that he             
          was directly remunerated by Imperial’s clientele for services he            
          provided through Imperial.  Applying the law to these facts, we             
          conclude that petitioner was indeed self-employed and liable for            






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