- 5 - Because respondent has conceded that petitioner is not liable for self-employment tax on her 2003 income, petitioner is not entitled to the deduction provided for in section 164(f), which allows an individual taxpayer to deduct one-half of his or her self-employment tax liability from his or her taxable income. Finally, we note that gross income includes unemployment compensation. Sec. 85(a). As we have noted in other cases, it is unfortunate that petitioner’s employer classified her as an independent contractor and not as an employee. Had petitioner been classified as an employee, it is possible that Mimi’s would have withheld the proper amounts of tax from petitioner’s wages, and a deficiency in petitioner’s taxes might not have occurred. See, e.g., Lucas v. Commissioner, supra. But that does not alter the fact that the first principle of income taxation is that “income must be taxed to him who earns it”. Commissioner v. Culbertson, 337 U.S. 733, 739-740 (1949) (and cases cited therein). Petitioner was paid her wages without any reduction for withheld income tax, and petitioner has not yet fully paid the tax liability on her income for 2003. We therefore hold that petitioner is liable for the deficiency in the amount respondent has determined, appropriately adjusted to incorporate respondent’s above-mentioned concession.Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007