Harold D. and Joan E. Edwards - Page 4




                                        - 4 -                                         
          Insurance billing office.  Farmers Insurance then credited the              
          Edwards agency with the commissions from the premium renewals and           
          reported these credits every month in a “folio”.                            
               On petitioners’ 2003 Form 1040, U.S. Individual Income Tax             
          Return, filed jointly in April 2004, gross income and expenses              
          from the Edwards agency were listed on a Schedule C, Profit or              
          Loss From Business.  Mrs. Edwards was listed as the proprietor of           
          the Edwards agency.  Mr. Edwards also asserted that he materially           
          participated in the operation of the Edwards agency by checking             
          the “Yes” box in line G of Schedule C, and he listed his                    
          occupation on page 2 of the return as “self-employed.”                      
               Respondent issued a notice of deficiency on September 19,              
          2005, determining that the amounts petitioners received from the            
          Edwards agency in 2003 constituted income from Mr. Edwards’s                
          self-employment within the meaning of section 1401 and,                     
          therefore, were subject to self-employment tax.                             
                                       OPINION                                        
               Section 1401 imposes a tax on the self-employment income of            
          individuals.  Respondent determined that the net profit Mr.                 
          Edwards received from the operation of the Edwards agency                   
          constituted self-employment income from both past and present               
          business operations, and, consequently, petitioners were liable             
          for self-employment tax.  We need not decide whether the burden             
          of proof shifts to respondent under section 7491(a) because we              







Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: March 27, 2008