DocketNumber: Docket No. 15295-95
Citation Numbers: 72 T.C.M. 1529, 1996 Tax Ct. Memo LEXIS 574, 1996 T.C. Memo. 552
Filed Date: 12/19/1996
Status: Non-Precedential
Modified Date: 4/17/2021
1996 Tax Ct. Memo LEXIS 574">*574 Decision will be entered for respondent.
MEMORANDUM OPINION
DINAN,
Respondent determined a deficiency in petitioners' Federal income tax for the year 1993 in the amount of $ 1,700.
The issue for decision is whether petitioners are1996 Tax Ct. Memo LEXIS 574">*575 liable for self-employment tax on income received by Marvin F. Foster (hereinafter referred to as petitioner) for the year 1993.
Some of the facts have been stipulated and are so found. The stipulations of fact and attached exhibits are incorporated herein by this reference. Petitioners resided in Cherokee, Texas, when they filed their petition.
Petitioner was born on June 20, 1928. He was graduated from the University of Texas with a B.A. in 1952 and an LL.B. in 1954. From 1954 until 1976, he practiced law in the State and Federal courts in Texas. From 1976 until 1981, petitioner, his wife, and his son had a corporate business in San Antonio.
In about 1982, petitioners purchased a ranch in San Saba County, Texas, and retired to the ranch in 1985. They raised cattle, goats, and horses on the ranch, and petitioner practiced what little law he had to in order to supplement his income.
From 1987 until 1991, petitioner was employed by the Texas State Comptroller's Office as the attorney for the Enforcement Division. In 1991, petitioner left his State employment and returned to his private law practice and semiretirement. In March 1991, he applied for Social Security benefits.
On 1996 Tax Ct. Memo LEXIS 574">*576 his 1993 Schedule C, petitioner returned self-employment income of $ 16,906. Petitioners also reported on their joint Federal return Social Security benefits of $ 16,677. Petitioner did not report any self-employment tax on the 1993 return.
Upon audit of their 1993 Federal income tax return, respondent determined that petitioners are liable for self-employment tax of $ 1,700.
Petitioner contends that for 1993, he should not have been "required to pay a self-employment tax or old age, survivor, and disability tax on self-employed income, is because (sic) I am now drawing the full entitlement under Social Security that I will ever draw."
We have previously considered and rejected petitioner's argument. In
Our holding in
In accordance with the foregoing,
1. Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the taxable year in issue. All Rule references are to the Tax Court Rules of Practice and Procedure.↩