- 3 - was associated with the law firm of Weiner & Millo (firm) prior to 1998. At the firm, petitioner had a colleague, Jonathan Tolpin (Mr. Tolpin), another attorney. Petitioner left the firm in late 1995. Mr. Tolpin left the firm in 1997. In 1997, petitioner referred two clients to Mr. Tolpin. The property damage client contacted petitioner during his time at the firm. Petitioner referred the personal injury client to Mr. Tolpin while petitioner was in the process of closing petitioner’s law practice. Petitioner received $8,108 from Mr. Tolpin. This represented petitioner’s portion of the fee from the November 1998 settlement of the property damage client’s claim. Petitioner also received $27,681.33 from Mr. Tolpin. This represented petitioner’s portion of the fee in the December 1998 settlement of the personal injury client’s claim. During 1998, petitioner received a total of $35,789 (rounded) from Mr. Tolpin. Mr. Tolpin reported the $35,789 he paid to petitioner as nonemployee compensation on Form 1099-MISC, Miscellaneous Income. Petitioner contended that the $35,789 “was not paid for services performed, but for transfer of goodwill [which] qualifies for capital gains treatment”. Section 1401(a) imposes a self-employment tax on the self- employment income of every individual for each taxable year. Section 1402(b), in relevant part, defines self-employment incomePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011