Steven R. Olmos - Page 10




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          income adjustments relating to the medical and healthcare                    
          payments are sustained.                                                      
          II. Self-Employment Tax                                                      
               Section 1401 imposes a tax on the self-employment income of             
          individuals.  Self-employment income means the net earnings from             
          self-employment derived by an individual.  Sec. 1402(b).                     
          Respondent determined the medical and healthcare payments                    
          received by petitioner constituted self-employment income and                
          consequently petitioner was liable for self-employment tax.                  
          Petitioner bears the burden of proving respondent’s determination            
          incorrect.  See Rule 142(a); Welch v. Helvering, supra at 115.               
          Petitioner argues he is not liable for self-employment tax                   
          because “Respondent has failed to establish self-employment                  
          income”.  As described above, respondent established petitioner              
          received income from medical and healthcare payments received for            
          services rendered by petitioner.  Petitioner presented no                    
          testimony or evidence regarding his liability for self-employment            
          tax and has failed to meet his burden of proof.  Therefore, we               
          conclude that petitioner is liable for self-employment tax.                  
          III. Addition to Tax Under Section 6651(a)(1)                                
               Section 6651(a)(1) imposes an addition to tax for failure to            
          file a return on the date prescribed, unless the taxpayer can                
          establish that such failure is due to reasonable cause and not               
          willful neglect.  Respondent determined petitioner is liable for             







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Last modified: November 10, 2007