- 4 - “qualified offer”, as defined by section 7430(g), which states: “The taxpayers as their qualified offer agrees [sic] to establish as the taxpayer’s [sic] liability (determined without regard to interest) by agreeing to pay to the United States $0.” Petitioners mailed the “qualified offer” more than 30 days before the case was called from the trial calendar. See sec. 301.7430-7(c)(7), Proced. & Admin. Regs. When the case was subsequently called from the trial calendar, the parties filed a stipulation of settlement in which they agreed, as a basis of settlement * * * that the issue relating to the applicability of self-employment tax on these rental payments is the same as the issue in Johnson v. Commissioner, docket No. 7536- 98 (the controlling case) * * * [and] shall be resolved as if the petitioners in this case were the same as the taxpayers in the controlling case. In due course, the Court issued its opinion in the controlling case, Johnson v. Commissioner, T.C. Memo. 2004- 56, in which we held that the amounts reported by the taxpayers for taxable years 1993, 1994, and 1995 as rents from their wholly owned corporation for the lease of their farmland and personal property are not included in “net earnings from self-employment” under section 1402(a)(1) and are not subject to self-employment tax. In deciding thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011