- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011