Crystal K. Abeyta and Ron L. Abeyta - Page 13

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          B.  Self-Employment Tax                                                     
               Section 1401 imposes a tax on self-employment income,                  
          defined generally as “the net earnings from self-employment                 
          derived by an individual” for old-age, survivors, and disability            
          insurance.  Sec. 1402(b).  The net earnings are defined generally           
          as “the gross income derived by an individual from any trade or             
          business carried on by such individual, less the deductions                 
          allowed by this subtitle which are attributable to such trade or            
          business”.  Sec. 1402(a).                                                   
               Respondent contends that petitioners are liable for self-              
          employment taxes for the income reported on Form 1099-MISC, which           
          represented the value of lodging provided by the Department of              
          the Air Force.  Respondent argues that the income constitutes               
          nonemployee compensation to Mr. Abeyta because he was not an                
          employee of the Department of the Air Force.  Respondent reasons            
          that had TRW paid for the lodging, the amount would have been               
          characterized as wages, which would have been subject to Federal            
          Insurance Contributions Act (FICA) and Medicare taxes, but                  
          because it was paid by the Department of the Air Force, it                  
          constitutes nonemployee compensation income reportable on                   
          Schedule C, Profit or Loss From Business, which would be subject            
          to the self-employment tax.  We disagree.                                   









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