Rose M. Munoz - Page 8

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          Moreover, the Court notes that the type of work in which                    
          independent contractors engage at ACC is similar to the type of             
          work that petitioner did at STC.  The Court, based on all of the            
          evidence presented by petitioner and respondent, concludes that             
          petitioner was an independent contractor for ACC in 2003.                   
               Section 61(a) defines gross income for purposes of                     
          calculating taxable income as “all income from whatever source              
          derived”.  Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 429-           
          431 (1955).                                                                 
               Section 1401 imposes a percentage tax on self-employment               
          income of every individual.  See Jackson v. Commissioner, 108               
          T.C. 130 (1997).  Self-employment income is defined as “the net             
          earnings from self-employment derived by an individual * * *                
          during any taxable year”.  Sec. 1402(b).  The term “net earnings            
          from self-employment” is defined as “the gross income derived by            
          an individual from any trade or business carried on by such                 
          individual, less the deductions * * * which are attributable to             
          such trade or business”.  Sec. 1402(a).                                     
               Petitioner was self-employed as an independent contractor in           
          2003.  Accordingly, petitioner is liable for self-employment tax            
          under section 1401 on the unreported nonemployee compensation               
          received from ACC in 2003.                                                  









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