Allen and Mary Doxtator - Page 14

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               Section 1401 imposes a tax on self-employment income,                  
          defined generally as "the net earnings from self-employment                 
          derived by an individual".  Sec. 1402(b).  The net earnings from            
          self-employment are, in turn, 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).                                                               
               For purposes of self-employment income or net earnings from            
          self-employment, the term "trade or business" has "the same                 
          meaning as when used in section 162 (relating to trade or                   
          business expenses)", with certain exceptions.  Sec. 1402(c).                
          Section 7701(a)(26) provides that, for purposes of the Internal             
          Revenue Code, "the term 'trade or business' includes the                    
          performance of the functions of a public office."  However, one             
          of the specific exceptions under section 1402(c) to the meaning             
          of "trade or business" for self-employment tax purposes is "the             
          performance of the functions of a public office" (with a further            
          qualification not here pertinent).  Sec. 1402(c)(1).  Section               
          1402(c)(1) thus negates, for self-employment tax purposes, the              
          inclusion under section 7701(a)(26) of the performance of public            
          office functions within the meaning of "trade or business".                 
          Accordingly, pursuant to section 1402(c)(1), income derived by an           
          individual from the performance of the functions of a public                






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Last modified: May 25, 2011