- 9 - documentary evidence. We therefore conclude that the $3,845 represents compensation earned during the training period. Section 1401 imposes a tax on self-employment income of every individual for old age, survivors, and disability insurance, and for hospital insurance. Sec. 1401(a) and (b); Schelble v. Commissioner, 130 F.3d 1388, 1391 (10th Cir. 1997), affg. T.C. Memo. 1996-269. Self-employment income is “the net earnings from self-employment derived by an individual” during the taxable year. Sec. 1402(b). The earnings of an insurance agent who is an independent contractor generally are self-employment income subject to self-employment tax. Schelble v. Commissioner, supra; Simpson v. Commissioner, 64 T.C. 974, 983-987 (1975); Erickson v. Commissioner, T.C. Memo. 1992-585, affd. without published opinion 1 F.3d 1231 (1st Cir. 1993). Petitioner does not dispute that he was an independent contractor during his training period with MetLife. Accordingly, any income petitioner earned during that time is subject to self- employment tax. Although petitioner did not receive the $3,845 until after he became an employee of MetLife, the income was derived from self-employment. See sec. 1402(b). Accordingly, the $6,005 is subject to self-employment tax. 3. Whether Petitioners Are Liable for an Accuracy-Related Penalty Under Section 6662 Respondent asserted an accuracy-related penalty against petitioners as to each adjustment in the notice of deficiency.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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