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derived unless excluded by law. Sec. 61(a). Thus, in deciding
whether petitioner qualifies under section 62(a)(2)(B) as a
performing artist, we consider whether petitioner’s adjusted
gross income (computed based on his gross income from all
sources) exceeds $16,000.
Section 62(b)(1)(B) provides that a qualified performing
artist is an individual whose business expenses exceed 10 percent
of his or her “gross income attributable to the performance of
such services”. Petitioner contends that section 62(b)(1)(C),
which imposes a ceiling on the amount of “adjusted gross income”
an individual may earn during the tax year and qualify as a
qualified performing artist, should be interpreted to mean the
same as section 62(b)(1)(B), that is, to include only income from
activities as a performing artist. We disagree. Section
62(b)(1)(C) refers to “adjusted gross income”, not to “gross
4(...continued)
deductions:
* * * * * * *
(2) Certain trade and business
deductions of employees.--
* * * * * * *
(B) Certain expenses of performing
artists.--The deductions allowed by section
162 which consist of expenses paid or
incurred by a qualified performing artist in
connection with the performances by him of
services in the performing arts as an
employee.
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