David and Gail Vigil - Page 8




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          minister seeking the exemption must file an application stating             
          that he is opposed, because of religious principles or                      
          conscientious beliefs, to the acceptance of certain types of                
          public insurance, such as that provided by the Social Security              
          Act, attributable to his services as a minister.  Sec.                      
          1402(e)(1).  This application must be filed within the specific             
          time limits set forth in section 1402(e)(3).  Once properly                 
          obtained, the exemption from self-employment tax is irrevocable             
          and remains effective for all succeeding taxable years.  Sec.               
          1402(e)(4).                                                                 
               Section 1402(e)(3) provides that the application for                   
          exemption must be filed on or before the later of the following             
          dates:  (1) The due date of the return (including any extensions)           
          for the second taxable year for which the taxpayer has net                  
          earnings from self-employment of $400 or more, any part of which            
          was derived from the performance of services as a minister, or              
          (2) the due date of the return (including any extensions) for his           
          second taxable year ending after 1967.  Sec. 1402(e)(3); sec.               
          1.1402(e)-3A(a)(1), Income Tax Regs.  This Court has consistently           
          held that the time limitations imposed by section 1402(e)(3) are            
          mandatory and taxpayers must strictly comply with them.  Wingo v.           
          Commissioner, 89 T.C. 922, 930 (1987); Ballinger v. Commissioner,           
          78 T.C. 752, 757 (1982), affd. 728 F.2d 1287 (10th Cir. 1984);              
          Keaton v. Commissioner, T.C. Memo. 1993-365.                                







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