William and Cathy A. Bennett - Page 7




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               Petitioner claims that in or around 1980 (1980) he first               
          and timely filed with respondent a Form 4361, that it was                   
          approved by respondent, that it was irrevocable, and therefore              
          that petitioner is entitled to exemption from self-employment               
          taxes on his net ministerial income received in 2002.5                      
               Alternatively, petitioner claims that even if respondent               
          never received the Form 4361 petitioner allegedly filed with                
          respondent in 1980, because respondent indicated in his                     
          August 27, 2003, letter to petitioner an April 15, 2001, due date           
          for petitioner to timely file a Form 4361, respondent should be             
          held to that date, and the Form 4361 and letter that petitioner             
          filed on April 15, 2000, with his 1999 joint Federal income tax             
          return should have been treated as timely, should have been                 
          approved by respondent, and should be effective to exempt                   
          petitioner’s 2002 net ministerial income from self-employment               
          taxes.                                                                      
               Respondent disputes that petitioner in 1980 filed a Form               
          4361 and that respondent ever has approved any Form 4361 filed by           
          petitioner.  Further, respondent claims that because petitioner’s           
          ministerial income in both 1997 and 1998 exceeded $400, April 15,           
          1999, was the due date for petitioner timely to file a proper               
          Form 4361 and that because petitioner by that date did not file a           

               5  We note that the record contains no evidence that                   
          petitioner in 1980 received ministerial income.                             







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