Nancy L. and Gerald L. Harper - Page 13




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               The last issues before us concern whether petitioners are              
          liable for the self-employment tax and whether petitioners are              
          entitled to a corresponding deduction for one-half of the self-             
          employment tax to be paid.                                                  
               Section 1401(a) imposes a tax upon the self-employment                 
          income of every individual.  In general, self-employment income             
          consists of the net earnings derived from an individual (other              
          than a nonresident alien) from a trade or business carried on by            
          such an individual.  Sec. 1402(a) and (b); sec. 1.1401-1(c),                
          Income Tax Regs.  An individual is subject to self-employment tax           
          if his or her net earnings from self-employment exceed $400 for             
          the taxable year.  Sec. 1402(b)(2).                                         
               In this case, although petitioners dispute that Mrs. Harper            
          was an independent insurance agent with Primerica during the                
          taxable year in issue, they do not disagree that Mrs. Harper was            
          at one time an agent for Primerica.1  Moreover, and based on our            
          foregoing discussion, we believe that the income received by Mrs.           
          Harper in 2003 was derived directly from her work as an                     
          independent insurance agent with Primerica, either in 2002 or               
          2003.  Accordingly, the Court holds that Mrs. Harper earned                 
          income in 2003, and is, therefore, both liable for self-                    



               1 We note that no argument or evidence was presented as to             
          whether Mrs. Harper was an employee or statutory employee under             
          sec. 3121(d).                                                               






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