James O. Jondahl - Page 51

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         cost of maintaining a household for his daughter in 1990.  We                
         conclude that petitioner did not meet his burden of proving that             
         he is entitled to claim head of household status for 1990.                   
              E.   Self-Employment Tax on Commission Income                           
              Respondent argues that petitioner is liable for self-                   
         employment taxes on the commissions he earned from his real                  
         estate and crop hail insurance activities.  Section 1401 imposes             
         tax on self-employment income.  Section 1402 defines net earnings            
         from self-employment as the gross income derived by an individual            
         from the carrying on of any trade or business by such individual             
         less allowable deductions attributable to such trade or business.            
         Respondent argues that petitioner is a “qualified real estate                
         agent” within the meaning of section 3508, and that he is liable             
         for self-employment taxes on real estate and insurance                       
         commissions he earned.  Respondent has the burden of proof with              
         respect to petitioner’s liability for self-employment tax.                   
              We found above that WFIC, not petitioner, earned the real               
         estate commissions in 1990, 1991, and 1993.  Therefore,                      
         petitioner is not liable for self-employment taxes on real estate            
         commissions in 1990, 1991, and 1993.  Because petitioner earned a            
         real estate commission as a sole proprietor in 1992, he is liable            
         for self-employment tax on the commission regardless of whether              
         he is a “qualified real estate agent” under section 3508.  We                
         also found that petitioner earned crop hail insurance commissions            






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