Padgett Coventry Price - Page 39

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          her Merrill Lynch account was not due to fraud and was not                  
          subject to the fraud penalty.  Petitioner has not proven that any           
          other part of the underpayments is not attributable to fraud.               
          Therefore, the remainder of the underpayments for 1988, 1989,               
          1990, and 1991 are subject to the 75-percent penalty.                       
          III. Self-Employment Tax                                                    
               Respondent argues that petitioner had additional self-                 
          employment income during the years in issue based on petitioner’s           
          unreported income from the law firm plus the disallowed                     
          deductions.                                                                 
               Section 1401 imposes self-employment tax on self-employment            
          income.  Section 1402 defines net earnings from self-employment             
          as the gross income derived by an individual from the carrying on           
          of any trade or business by such individual less allowable                  
          deductions attributable to such trade or business.                          
               Respondent argues that the law firm was a partnership, and             
          thus petitioner was subject to self-employment tax.  Petitioner             
          counters that the law firm was a sole proprietorship.  We need              
          not decide this issue because petitioner’s income from the law              
          firm is subject to self-employment tax regardless of whether the            
          law firm was a partnership or a sole proprietorship.  Sec.                  
          1402(a).  We conclude that petitioner is liable for additional              
          self-employment tax in 1988, 1989, 1990, and 1991 in accordance             
          with section 1401 based upon petitioner’s additional self-                  






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