- 2 - Neither petitioners’ motion nor respondent’s response thereto requests an evidentiary hearing, and the Court concludes that such a hearing is unnecessary for the disposition of petitioners’ motion. See Rule 232(a)(2), Tax Court Rules of Practice and Procedure. We will decide petitioners’ motion on the basis of the record in this case, including petitioners’ motion, respondent’s response, and the various exhibits attached thereto. At the time they filed their petition, petitioners resided at Morris, Minnesota. Background Respondent determined deficiencies in petitioners’ self-employment taxes for 1994 of $5,139 and for 1995 of $5,048. Respondent’s determination was based upon the contention that certain payments received from petitioners’ farming corporation constituted “net earnings from self- employment” pursuant to section 1402(a)(1) of the Internal Revenue Code. Hereinafter, all section references are to that Code unless stated otherwise. As a general rule, section 1402(a)(1) defines “net earnings from self-employment” to exclude rentals of farm land and personal property, but it sets forth an exception to the general rule if the rental income is derived under anPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011