- 12 - difference between the truck lease payments (that petitioner now requests be treated as tax payments) and the tax deficiencies. An individual taxpayer, however, is not entitled to a section 31 credit toward Federal income and employment taxes for taxes not actually withheld from the individual’s earnings. See United States v. Kuntz, 259 F.2d 871, 872 (2d Cir. 1958); Edwards v. Commissioner, 39 T.C. 78, 83-84 (1962), affd. on this issue 323 F.2d 751 (9th Cir. 1963). Herein, no Federal income and self-employment taxes were withheld from petitioner’s earnings, and petitioner has not cited any authority that would authorize us now to recharacterize truck lease payments to CCI as Federal income and self-employment taxes withheld from petitioner’s earnings. Petitioner’s liability for self-employment taxes for the years in issue turns on whether petitioner’s relationship with ECI constituted an independent contractor relationship (respondent’s position) or an employment relationship (petitioner’s position). Under section 1401, self-employed taxpayers, including independent contractors, are liable for a tax on self-employment income. See Jones v. Commissioner, T.C. Memo. 2007-249; Jackson v. Commissioner, 108 T.C. 130, 133-134 (1997); Allen v. Commissioner, T.C. Memo. 2005-118; Turnidge v. Commissioner, T.C. Memo. 2003-169.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: March 27, 2008