- 39 - 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-Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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