David and Gail Vigil - Page 4




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          full-time job.  He became a full-time minister in 1980 and                  
          continued his full-time ministry throughout the year at issue.              
          In 2001, petitioner Gail Vigil (Mrs. Vigil) was a homemaker.                
               Since 1987, petitioners have claimed they are exempt from              
          self-employment taxes on income from Mr. Vigil’s work as a                  
          minister, pursuant to section 1402(e).                                      
               In 1996, apparently during the examination of petitioners’             
          1994 joint tax return, Mr. Vigil wrote a letter to the Internal             
          Revenue Service (IRS).  Mr. Vigil stated that in 1987 he had                
          filed a Form 4361, Application for Exemption From Self-Employment           
          Tax for Use by Ministers, Members of Religious Orders and                   
          Christian Science Practitioners, and that a copy of the approved            
          Form 4361 had been returned to him.  Mr. Vigil requested that               
          another copy of the approved application be sent to him and                 
          enclosed a copy of the signed (but unapproved) Form 4361 he                 
          contends he filed in 1987.  The IRS received his request and the            
          enclosed copy of the unapproved Form 4361 in May 1996.  The IRS             
          searched its document and computer files but did not find any               
          record that Mr. Vigil had been approved for a ministerial                   
          exemption or any record that Mr. Vigil had filed a request for a            
          ministerial exemption before 1996.  The IRS requested that the              
          Social Security Administration (SSA) search its records and                 
          learned that the SSA did not have any record of either the                  








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