Allen and Mary Doxtator - Page 13

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          (9th Cir. 1983); Jourdain v. Commissioner, 71 T.C. 980, 986-987             
          (1979), affd. 617 F.2d 507 (8th Cir. 1980).  Petitioners have not           
          shown that either a treaty or a statute specifically exempts Mrs.           
          Doxtator's compensation from taxation.  Accordingly, we sustain             
          respondent's determination that Mrs. Doxtator's judicial officer            
          compensation for the years in issue is subject to income tax.8              
               Respondent also determined that Mrs. Doxtator's judicial               
          officer compensation is subject to self-employment tax for the              
          years in issue.9  As best we understand their position,                     
          petitioners offer no additional argument directed at the                    
          liability for self-employment tax beyond that offered with                  
          respect to the income tax; namely, that Mrs. Doxtator's                     
          compensation as a judicial officer is exempt because she is an              
          elected officer of a sovereign.10                                           




               8 Petitioners at various points claim that Mrs. Doxtator               
          incurred travel expenses in connection with the performance of              
          her duties as a judicial officer.  However, petitioners have                
          never identified the amounts of those expenditures, much less               
          substantiated them under the requirements of sec. 1.274-5T(c),              
          Temporary Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985),              
          for any year at issue.                                                      
               9 In connection with that determination, respondent allowed            
          a corresponding deduction in each year of one-half of the self-             
          employment taxes imposed by sec. 1401.  See sec. 164(f)(1).                 
               10 To the extent that petitioners may again be invoking Rev.           
          Rul. 59-354, supra, we note that, although the ruling does not              
          address self-employment taxes, it does state that other salaried            
          employees of tribal councils (besides elected council members)              
          are not exempt from employment taxes.                                       




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