David and Gail Vigil - Page 7




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               Once the Commissioner meets this burden, the taxpayer must             
          come forward with persuasive evidence that the Commissioner’s               
          determination is incorrect.  Rule 142(a); Higbee v. Commissioner,           
          supra at 447.  As a defense to the addition to tax, the taxpayer            
          bears the burden of proof regarding reasonable cause and lack of            
          willful neglect.  Sec. 6651(a).  To the extent that the taxpayer            
          shows there was reasonable cause for an underpayment and that he            
          acted in good faith, section 6664(c)(1) prohibits the imposition            
          of an accuracy-related penalty.                                             
          A.   Exemption From Self-Employment Tax                                     
               Section 1401 imposes a tax on an individual’s self-                    
          employment income, based on the “net earnings from self-                    
          employment” derived by an individual during the taxable year.               
          Sec. 1402(b).  Net earnings from self-employment are the gross              
          income derived by the individual from any trade or business                 
          carried on by that individual less the deductions attributable to           
          that trade or business.  Sec. 1402(a).  Section 1402(c)(4) and              
          the final sentence of section 1402(c), however, provide that the            
          term “trade or business” does not include “the performance of               
          service by a duly ordained, commissioned, or licensed minister of           
          a church in the exercise of his ministry” if an exemption under             
          section 1402(e) is in effect.                                               
               Section 1402(e) provides specific requirements for a                   
          minister to obtain an exemption from self-employment tax.  A                







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Last modified: March 27, 2008