- 24 - The term “self-employment income” denotes “net earnings from self-employment”. Sec. 1402(b). “Net earnings from self- employment”, in turn, means “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). Because, as explained above, the burden has not shifted to respondent under section 7491(a) with respect to the deficiency determinations, petitioner bears the burden of proving error in the statutory notices as regards the self-employment tax issue. Rule 142(a). Respondent determined that petitioner is liable for self-employment taxes in the amounts of $4,080 and $4,490 by virtue of the nonemployee compensation received from GCE in 2000 and 2001, respectively. Again, petitioner has offered no evidence or argument pertaining to the self-employment tax. Hence, to the extent that we have sustained respondent’s determinations of unreported nonemployee compensation, we likewise sustain the imposition of the corresponding self- employment tax thereon. IV. Additions to Tax Section 7491(c) places on the Commissioner the burden of production regarding additions to tax. The burden with respect to “reasonable cause, substantial authority, or similar provisions” then shifts to the taxpayer. Higbee v. Commissioner,Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011