Allen and Mary Doxtator - Page 35

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          returns pertaining to this income and claimed without any basis             
          that Mrs. Doxtator was an elected official.                                 
               Our conclusion is different regarding petitioners' position            
          that Mrs. Doxtator's judicial officer compensation in 1997 and              
          1999 was exempt from self-employment tax.  We conclude that a               
          taxpayer in petitioners' circumstances could have believed in               
          good faith that Mrs. Doxtator's duties as a judicial officer for            
          the Oneida Tribe were sufficiently similar to "the performance of           
          the functions of a public office" that she was entitled to the              
          exemption from self-employment tax provided in section                      
          1402(c)(1).  We note that this exemption does not depend upon the           
          public office's elective or appointive status.  We therefore                
          conclude that petitioners had reasonable cause with respect to              
          that portion of the underpayment in 1997 and 1999 attributable to           
          their failure to treat Mrs. Doxtator's judicial officer                     
          compensation as subject to self-employment tax.                             
               We do not find reasonable cause for any other positions                
          taken on the 1997 and 1999 returns.  Regarding Native American              
          Finance, petitioners provided no substantiation for the                     
          deductions claimed in 1997 nor any persuasive reason for their              
          failure to do so, and Mr. Doxtator conceded that the amounts                
          claimed included expenses incurred by Mrs. Doxtator in the                  
          performance of her judicial officer duties.  Petitioners' claims            
          that the 1999 capital gains and dividend income were actually               






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