Melinda D. Rivera - Page 8

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          (d), 67(a) and (b).  The deduction for business expenses under              
          section 162 is not enumerated in section 67(b) and thus is                  
          included in miscellaneous itemized deductions.  Sec. 67.                    
               The Commissioner has ruled that an individual who is a                 
          statutory employee under section 3121(d)(3), which relates to               
          employment taxes, is not an employee for purposes of sections 62            
          and 67, and, therefore, a statutory employee under section                  
          3121(d)(3) is not subject to the section 67(a) 2-percent                    
          limitation for expenses incurred by such employee in the                    
          performance of services as an employee.  Rev. Rul. 90-93, 1990-2            
          C.B. 33.  Thus, an individual who is a statutory employee under             
          section 3121(d)(3) is allowed to deduct expenses from gross                 
          income that otherwise would be subject to the 2-percent                     
          limitation of section 67(a).                                                
               An employee for employment tax purposes is defined in                  
          pertinent part by section 3121(d) as follows:                               
                    SEC. 3121(d).  Employee.–-For purposes of this                    
               chapter, the term "employee" means--                                   
                         (1) any officer of a corporation; or                         
                         (2) any individual who, under the usual                      
                    common law rules applicable in determining the                    
                    employer-employee relationship, has the status of                 
                    an employee; or                                                   
                         (3) any individual (other than an individual                 
                    who is an employee under paragraph (1) or (2)) who                
                    performs services for remuneration for any person                 
                    * * *                                                             
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