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Respondent determined deficiencies in petitioners’ Federal
income taxes of $2,411 and $2,512 for the taxable years 2000 and
2001, respectively.
The issue for decision is whether the amounts of $17,067 and
$16,0011 received by petitioner Gregg Gilbert as insurance
renewal premiums during taxable years 2000 and 2001,
respectively, are subject to self-employment taxes pursuant to
sections 1401 and 1402.
Background
Some of the facts have been stipulated and are so found.
The stipulation of facts and the attached exhibits are
incorporated herein by this reference. Petitioners resided in
Meadows of Dan, Virginia, on the date the petition was filed in
this case.
There is no disagreement among the parties as to the facts,
which are almost fully stipulated. Petitioners are married and
filed timely joint Federal income tax returns, Forms 1040, U.S.
Individual Income Tax Return, for the taxable years 2000 and
2001.
1In the notice of deficiency, respondent determined that the
amount of $17,775, which petitioner reported on his 2001 Federal
income tax return as insurance renewal commissions, was self-
employment income subject to self-employment tax. However, at
trial respondent conceded that $1,774 of this amount was received
by petitioner as Social Security benefits and as such the amount
of $1,774 was not subject to self-employment tax.
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