Alan D. Stang - Page 24

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          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,           






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Last modified: May 25, 2011